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Premium member Presentation Transcript Juvenile sex offender Registry : Juvenile sex offender Registry Should Juveniles be required to registrar given the purpose of the juvenile justice system and the long term effects on the rehabilitation and re-integration of juvenile sex offenders? History of Sex Offender Registry : History of Sex Offender Registry In 1989, 11-year-old Jacob Wetterling was abducted by a masked man and never found. His parents successfully lobbied all 50 states to establish sex offender registries. These laws became known as the Wetterling Act . The Federal Violent Crime Control and Law Enforcement Act of 1994 incorporated the Wetterling Act and required the establishment of sex offender registries in all 50 states. It also required offenders to register their address annually for 10 years Megan’s Law : Megan’s Law In 1994, 7-year-old Megan Nichole Kanka was lured with a puppy to a neighbor's home and was subsequently brutally raped and murdered by a twice-convicted sex offender who had previously assaulted a 5-year-old and a 7-year-old child. Megan's Law provides two major information services to the public: Sex Offender Registry and community notification. The details of what is provided as part of sex offender registration and how community notification is handled vary from state to state,. Pam Lyncher Act : Pam Lyncher Act An amendment to the Wetterling Act that requires offenders who have been convicted of an aggravated sex offense or multiple registerable offenses to be subject to lifetime registration. The Lyncher amendment required the U.S. Attorney General to establish a database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movements of certain convicted sex offenders. In addition the bill required sex offenders who move to new locations are required to contact authorities; if they fail to do so they face fines and prison time. Adam Walsh Child Protection and Safety Act : Adam Walsh Child Protection and Safety Act Was signed into law by U.S. President George W. Bush on July 27, 2006. Defines and requires a three-tier classification system for sex offenders, based on offense committed, replacing the older system based on risk of re-offence. Tier 1 sex offenders are required to register for 15 years; tier 2 for 25 years and tier 3 offenders must register for life. Gives the U.S. Attorney General the authority to apply the law retroactively. Failure to register and update information is a felony under the law. It also creates a national sex offender registry and instructs each state and territory to apply identical criteria for posting offender data on the Internet Allows Juveniles as young as 14 to be included on the registry. Adam Walsh Act Fact Sheet : Adam Walsh Act Fact Sheet Which Youth Must Register? Youth who are adjudicated delinquent who are 14 years of age or older and who have committed an offense comparable to or more severe than Section 2241 of Title 18 of the U.S. Code – aggravated sexual abuse. Consensual sexual conduct is not considered a sexual offense if the victim is at least 13 years old and the offender is no greater than four years older than the victim. Adam Walsh Act Fact Sheet : Adam Walsh Act Fact Sheet What Information Must Be Contained in a Registry? Name; date of birth; social security number (not public); home address; address of place of employment; Address of school where offender may be a student; license plate and registration number of vehicle; e-mail Addresses; telephone numbers; and passport and immigration document information. The jurisdiction must add the following information to the registry: Physical description of registrant; legal definition of the offense requiring registration; criminal history (arrests That did not lead to a conviction are not public; the law is silent on prior juvenile adjudications); photo; fingerprints; DNA; photocopy of driver’s license; and identity of victim (not public). Adam Walsh Act Fact Sheet : Adam Walsh Act Fact Sheet What Information Is Available to the Public? Name; address; employer’s address; school address; license plate number; physical description; text of the sex offense; and current photograph. What Cannot Be Included on the Public Web site? Victim’s identity; social security number; arrests not resulting in convictions; and passport and immigration information. What Can States Choose not to Include on the Public Web site? Name of employer; name of school; the state’s attorney general may choose to exclude certain information such as e-mail addresses. http://www.accesskansas.org/kbi/offender_registry/?id=SOP01308 Adam Walsh Act Fact Sheet : Adam Walsh Act Fact Sheet What Are the Community Notification Requirements of the Bill? In the areas where the youth offender lives, works and goes to school, all information on the registry must be sent to the following: law enforcement; schools; public housing; agencies that conduct background checks; What Information on the Registry Must the State Provide to the Public? Each state’s registry must be made public and must be easily accessible and searchable. The registry must also contain the warning that the information contained within cannot be used to “unlawfully injure, harass or commit a crime against any individual named in the registry.” Where Must a Youth Register? A youth must register in all the jurisdictions where s/he resides, is in school, and is employed Adam Walsh Act Fact Sheet : Adam Walsh Act Fact Sheet How Long Must the Youth Be on the Registry? All the youth adjudicated delinquent on the registry fall into a “Tier III” offender category, and must register for life. Youth can be removed from the registry after 25 years, if the youth has maintained a clean record for 25 years by not committing any new sex or felony offenses, successfully completing any supervised release, and completing a sex offender treatment program. How Often Must Youth Verify Their Information? Youth must verify that their information is correct every three months Or with in 3 days of change of name, address, job or student status What Happens if a Youth Does not Register? Youth who are required to register and who do not comply can be fined, and face a penalty of no less than one year and a maximum of ten years in prison. Does One’s Status as a Sex Offender Have Other Sentencing Ramifications? Youth on the registry are subject to a variety of increased mandatory minimum sentences for future offenses. How Have States Handled the Law? : How Have States Handled the Law? Registration Registration In 2009 39 states permit or require adjudicated juveniles to registrar as sex offenders Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wisconsin. 13 jurisdictions have statutes or case law specifically requiring juveniles tried and convicted in criminal court to register: Alaska, Delaware, the District of Columbia, Florida, Iowa, Kentucky, Louisiana, Maine, Missouri, New Hampshire, North Carolina, Oklahoma, and Virginia In 2005, Hawaii joined Georgia and specifically excludes adjudicated juveniles from the sex offender registration requirement. How Have States Handled the Law: Lower Age LIMIT? : How Have States Handled the Law: Lower Age LIMIT? Of the 39 states that permit or require juveniles to register as sex offenders, 15 set a statutory lower age limit for such registration. North Carolina sets the lower age at 11 at time of offense. Both Maryland and Virginia set the lower age at 13. Florida, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Nevada, New Mexico, Ohio, and Oklahoma set the lower age at 14 at time of offense. South Dakota sets the lower age at 15. How Have States Handled the Law: Lower Age LIMIT? : How Have States Handled the Law: Lower Age LIMIT? In most states that set a lower age limit, the age limit is attached to specified offenses. However, states like Indiana, for example, also attach additional conditions. In Indiana, a sex offender is defined as a juvenile who is at least 14 and who has committed a delinquent act that would meet the definition of specified sex offenses if committed by an adult. In addition, the court must find such a juvenile likely to be a repeat offender of such an offense by clear and convincing evidence. In making this determination, the court is required to consider expert testimony on the issue. How Have States Handled the Law: Lower Age LIMIT? : How Have States Handled the Law: Lower Age LIMIT? In Iowa, the judge has discretion over whether a juvenile must register or not. However, by statute, in Iowa, a juvenile 14 or older at the time the offense was committed is required to register if the adjudication was for a sex offense committed by force or the threat of serious violence, by rendering the victim unconscious, or by the involuntary drugging of the victim. In these types of situations, there is no judicial discretion. How Have States Handled the Law: Termination of Registration? : How Have States Handled the Law: Termination of Registration? In 26 of these 39 states adjudicated juveniles face the possibility of lifetime sex offender registration for specified serious sex offenses: Arkansas, California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, South Carolina, Virginia, and Wisconsin. How Have States Handled the Law: Termination of Registration? : How Have States Handled the Law: Termination of Registration? 4 states set an age limit on juvenile sex offender registration. In North Carolina this duty terminates at age 18 if certain conditions are met. In both Idaho and Oklahoma the duty terminates at age 21, but a juvenile can be transferred to the adult sex offender registry under specified conditions. In Arizona the duty terminates for adjudicated juveniles at age 25. The remaining 9 states set a time limit on juvenile sex offender registration, such as a specified number of years from the date of release from custody. Other states within this group of 9 permit the juvenile to petition the court for relief from registration within a specified number of years. States that set time limits are: Alabama, Illinois, Kansas, Oregon, Rhode Island, South Dakota, Texas, Utah, and Washington. n. Why the differences in the states and why is it important? : Why the differences in the states and why is it important? As of February 1, 2009 no state has been certified to be in substantial compliance with the act State were required to comply with the act by July 2009 or lose 10 percent of their federal funding Attorney General Eric Holder gave all states and extension until July 2010 Thus far the rulings in states seem to suggest that states would like to be able to handle the issue of the registry on a individual state basis. Sex offender registration laws are necessary because: : Sex offender registration laws are necessary because: Sex offenders pose a high risk of re-offending after release from custody; Protecting the public from sex offenders is a primary governmental interest; The privacy interests of persons convicted of sex offenses are less important than the government’s interest in public safety; Release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety. Community notification : Community notification Assists law enforcement in investigations; Establishes legal grounds to hold known offenders; Deters sex offenders from committing new offenses; Offers citizens information they can use to protect children from victimization. Types of Juvenile Offenders : Types of Juvenile Offenders a) an offender with a true pedophilia requires a person to be at least 16 years old and with “recurrent, intense, sexually arousing fantasies” over a period of six months or longer, that he acts upon with a child who is at least five years younger. b) an antisocial youth whose sex offending is merely one facet of the exploitation of others, c) a juvenile compromised by a psychiatric or neurobiological disorder who has poor impulse control as a result of his/her condition d) a youth with impaired social and interpersonal skills who turns to younger children for sexual gratification Who are these Juveniles? : Who are these Juveniles? Stories of Serious, Violent, Repeat Offender Amie Zyla was violently sexually assaulted when she was only eight. The attacker was a 14-year-old boy named Joshua Wade, who was a family friend on a sleep over. Since his record was sealed, he was able to secure a good as a summer camp worker when he was released, where he promptly (as an adult) abused various girls. Jeremiah Sexton, who had a juvenile record for molesting several children in another state, assaulted a 9-year-old girl in Arlington. Because he was not required to register publicly, neighbors were unaware of his past. Who are these Juveniles? : Who are these Juveniles? The Romeo and Juliet Effect: Brandon M.’s case is an example. Brandon was a senior in high school when he met a 14-year-old girl on a church youth trip. With her parents’ blessing, they began to date, and openly saw each other romantically for almost a year. When it was disclosed that consensual sexual contact had occurred, her parents pressed charges against Brandon and he was convicted of sexual assault and placed on the sex offender registry in his state. As a result, Brandon was fired from his job. He will be on the registry and publicly branded as a sex offender for the rest of his life. In his mother’s words, “I break down in tears several times a week. I know there are violent sexual predators that need to be punished, but this seems like punishment far beyond reasonable for what my son did. The Muskegon area defendant was 18 in 2004 when he was convicted of attempted third-degree criminal sexual conduct for having relations with his then 15-year-old girlfriend. After completing probation, he was required to register as a sex offender for 10 years, a condition which the defendant said made it virtually impossible for him to find work. Who are these Juveniles? : Who are these Juveniles? Do they Understand their actions? Father whose 10-year-old son was adjudicated for touching the genitals of his five-year-old cousin. He told us, “My son doesn’t really understand what sex is, so it’s hard to help him understand why he has to register as a sex offender. Frank Zimring doesn't think so. Zimring, a law professor at the University of California at Berkeley said, "Nobody is making policy for 12-year-olds in American legislatures," the professor says. "What they're doing is they're making crime policy and then almost by accident extending those policies to 12-year-olds – with poisonous consequences." Media influences : Media influences Celebrities having babies make big news. No charges were pressed in her case. How are the Courts Handling these cases? : How are the Courts Handling these cases? US v Juvenile Male The 9th Circuit Court of Appeals ruled that the Adam Walsh Child Protection and Safety Act that requires former juvenile offenders to register with states and tribal governments violates the Ex post Facto Clause of the U.S. Constitution The retroactive application of SORNA’s provision requiring registration and reporting by former juvenile offenders imposes immense burdens, not only through onerous in-person registration and reporting requirements, but, more important, through the publication and dissemination of highly prejudicial juvenile adjudication records of individuals who have committed no offenses since their adolescence — records that would otherwise remain sealed How are the Courts Handling these cases? : How are the Courts Handling these cases? In Michigan the Court of Appeals, in a unanimous ruling said forcing the youth to comply with Michigan’s sex offender registry act even after he completed probation and his criminal record was expunged is unduly harsh and did not serve the interest of protecting the public. They found the law to be unconstitutionally cruel and unusual punishment, How are the Courts Handling these cases? : How are the Courts Handling these cases? In re: Adrian R., Delinquent Child Issue: The retroactive application of Senate Bill 10 to juveniles whose offense was committed prior to the enactment of Senate Bill 10 violates the juvenile’s right to Due Process as guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, Section 16 of the Ohio Constitution. http://www.ohiochannel.org/media_archives/supreme_court/media.cfm?file_id=122995& How does these registry effect juveniles: Does it work? : How does these registry effect juveniles: Does it work? For serious offenders and ones deemed to have mental issues that will follow them into adulthood being able to monitor them can be viewed as an asset to the community. But on the flip side….. Their chances for rehabilitation may be hampered by.. Stigma Not being able to return to normal educational settings if others find out Family difficulty and embarrassment Sexual abuse may go unreported How does Virginia Handle the Registry? : How does Virginia Handle the Registry? Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent of any offense enumerated in subdivisions A 1 through A 4 on or after July 1, 2005, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat or intimidation (ii) the age and maturity of the complaining witness (iii) the age and maturity of the offender (iv) the difference in the ages of the complaining witness and the offender (v) the nature of the relationship between the complaining witness and the offender (vi) the offender's prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. My recommendations : My recommendations Require a juvenile offender be convicted in adult court before being referred for registration or commitment. There could be an evaluation of juveniles on a case by case basis with a formal risk assessment and review at a formal hearing. This may help prevent the unnecessary registration. Only putting youth on a registry after a panel or a judge has determined them to be a public safety risk. Having juveniles assessed by a panel of experts, who determine whether an individual should be subject to registration and community notification, and if so for how long. Allowing youth to petition to be taken off the registry You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.