Sen. John J. Millner
Filed: 4/1/2011
 
 

 

 

 
09700SB2151sam001LRB097 09724 RLC 53753 a



1
AMENDMENT TO SENATE BILL 2151 




2    AMENDMENT NO. ______. Amend Senate Bill 2151 on page 7, 
3line 12, by replacing "sexual exploitation" with "felony sexual 
4exploitation"; and


 
5on page 9, by inserting immediately below line 17 the 
6following:
7    "(k) Waiver of prohibition.
8        (1) A person who is an adjudicated juvenile delinquent 
9    child sex offender covered by this Section may, no less 
10    than 10 years after adjudication, petition for a waiver 
11    from the prohibitions of this Section.
12        (2) The court may upon a hearing on the petition for 
13    waiver of prohibitions, grant a waiver from the 
14    prohibitions of this Section to the person if the court 
15    finds that the person does not pose a risk to the community 
16    by a preponderance of the evidence based upon the factors 
17    set forth in paragraph (3) of this subsection (k).
 
 
09700SB2151sam001- 2 -LRB097 09724 RLC 53753 a

1        (3) To determine whether a person seeking a waiver from 
2    the prohibitions of this Section poses a risk to the 
3    community, the court shall consider the following factors:
4            (A) a risk assessment performed by an evaluator 
5        approved by the Sex Offender Management Board;
6            (B) the sex offender history of the person;
7            (C) evidence of the person's rehabilitation;
8            (D) the age of the person at the time of the 
9        offense for which the person was adjudicated as a 
10        juvenile delinquent child sex offender;
11            (E) information related to the person's mental, 
12        physical, educational, and social history;
13            (F) victim impact statements; and
14            (G) any other factors deemed relevant by the court.
15        (4) At the hearing, the person may present a risk 
16    assessment conducted by an evaluator who is a licensed 
17    psychiatrist, psychologist, or other mental health 
18    professional, and who has demonstrated clinical experience 
19    in sex offender treatment.".