SB1328sam002 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/7/2005

09400SB1328sam002 LRB094 05671 RLC 44452 a

AMENDMENT TO SENATE BILL 1328

AMENDMENT NO. ______. Amend Senate Bill 1328 by replacing everything after the enacting clause with the following:

"Section 5. The Sex Offender Registration Act is amended by adding Section 3-5 as follows:

(730 ILCS 150/3-5 new)

Sec. 3-5. Application of Act to adjudicated juvenile delinquents.

(a) A court shall order that an adjudicated juvenile delinquent, who is at least 13 years old but less than 17 years old and meets the definition of sex offender as set forth in paragraph (5) of subsection (A) of Section 2 of this Act, register for a 5 year term from the date of adjudication or release from the Illinois Department of Corrections, whichever is later.

(b) Once an adjudicated juvenile delinquent is ordered to register as a sex offender, the adjudicated juvenile delinquent shall be subject to the registration requirements set forth in Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her registration.

(c) In all cases involving adjudicated juvenile delinquents who are 12 years old or younger and who meet the definition of sex offender as set forth in paragraph (5) of subsection (A) of Section 2 of this Act, the court may determine whether to order registration, and if so, the duration of the registration, not exceeding that set forth in subsection (a). To determine whether to order registration, the court shall consider the following factors:

(1) the report regarding the adjudicated juvenile delinquent's risk assessment prepared for purposes of sentencing;

(2) the adjudicated juvenile delinquent's level of planning and participation in the offense;

(3) the sex offender history of the adjudicated juvenile delinquent, including whether the adjudicated juvenile delinquent has been adjudicated delinquent for prior sexually-motivated offenses;

(4) the possibility that facilities or programs available to the court will contribute to the rehabilitation of the adjudicated juvenile delinquent prior to the expiration of the court's jurisdiction;

(5) the ages of the adjudicated juvenile delinquent and the victim;

(6) the relationship of the adjudicated juvenile delinquent to the victim;

(7) the proposed placement alternatives for the adjudicated juvenile delinquent;

(8) information related to the adjudicated juvenile delinquent's mental, physical, educational, and social history;

(9) victim impact statements; and

(10) any other factors deemed relevant by the court.

(d) Ninety days prior to the completion of an adjudicated juvenile delinquent's term of registration, whether ordered pursuant to subsection (a) or (c) of this Section, the clerk of the court shall provide notice to the parties of a hearing regarding status of registration. Prior to the registration status hearing, the State's Attorney may petition for the continuation of the term of registration.

(e) At the registration status hearing, if the State's Attorney fails to file a petition for continuation of term of registration, or if the court determines, based upon the factors set forth in subsection (f), that the registrant no longer poses a serious risk to the community, registration shall be terminated. At the registration status hearing, both parties may present evidence about whether the registrant poses a risk to the community. Upon the State's presentation of clear and convincing evidence that the registrant poses a serious risk to the community, the court may extend registration and determine which, if any, conditions of registration shall apply.

(f) To determine whether a registrant poses a serious risk to the community as required by subsection (e), the court shall consider the following factors:

(1) a risk assessment performed by an evaluator approved by the Sex Offender Management Board;

(2) the sex offender history of the adjudicated juvenile delinquent;

(3) evidence of the adjudicated juvenile delinquent's rehabilitation;

(4) the age of the adjudicated juvenile delinquent at the time of the offense;

(5) information related to the adjudicated juvenile delinquent's mental, physical, educational, and social history; and

(6) any other factors deemed relevant by the court.

(g) At the hearing set forth in subsections (d) and (e), a registrant shall be represented by counsel and may present a risk assessment conducted by an evaluator who is a licensed psychiatrist, psychologist, or other mental health professional, and who has demonstrated clinical experience in juvenile sex offender treatment.

(h) After a registrant completes the term of his or her registration, his or her name, address, and all other identifying information shall be removed from all State and local registries.

(i) An adjudicated juvenile delinquent shall not be considered a sexual predator, as defined in subsection (E) of Section 2 of this Act, for the purposes of mandatory registration for the term of natural life as set forth in Section 7 of this Act.

(j) This Section applies retroactively to cases in which adjudicated juvenile delinquents who registered or were required to register before the effective date of this amendatory Act of the 94th General Assembly. Within 90 days after the effective date of this amendatory Act, the clerk's office shall send notice to registrants affected by this Section notifying them of a registration status hearing pursuant to subsections (d) through (f) of this Section.

(k) This Section does not apply to minors prosecuted under the criminal laws as adults.

Section 99. Effective date. This Act takes effect upon becoming law.".