Juvenile Sex Offender Registration and Mandatory Offenses

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The content details the requirements and processes related to juvenile sex offender registration, including discretionary removal from the registry, comprehensive evaluations, and mandatory registration for specific offenses. It also lists the mandatory offenses that require registration for juveniles aged 14-17, such as rape, sexual abuse, and trafficking. The content emphasizes the importance of certified mental health professionals in conducting assessments and outlines the discretionary and mandatory aspects of registration based on the age of the offender and the nature of the offense.

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LISA A. MINUTOLA CHIEF OF LEGAL SERVICES PUBLIC DEFENDER S OFFICE JOHN DECKERS, ESQUIRE JOHN P. DECKERS P.A. JUVENILE SEX OFFENDER REGISTRATION 2/7/2014 1

11 DEL. C. 4123 Discretion at the time of sentencing as to whether or not the juvenile must register Discretion to remove juvenile from the registry Effective date 10/16/13 Statute is retroactive 2/7/2014 2

SENTENCING Prior to any sentencing, the Family Court must order a: comprehensive evaluation risk assessment, and treatment recommendations 2/7/2014 3

SENTENCING Must be completed by a certified mental health professional who specializes in juvenile sex offenders SOMB certification? If juvenile is already in treatment, current provider may provide the evaluation, risk assessment and treatment recommendations. 2/7/2014 4

MANDATORY REGISTRATION Juvenile is at least 14 at time of offense AND Juvenile commits certain enumerated offenses REMEMBER- ANY offense committed by a juvenile under the age of 14 is discretionary registration 2/7/2014 5

MANDATORY OFFENSES Rape IV if committed without consent Rape III Rape II Rape I Sexual Extortion Bestiality Continuous Sexual Abuse of a Child Sex Offender Unlawful Sexual Conduct Sexual Abuse of Child by Person in Trust 2/7/2014 6

MANDATORY OFFENSES Female Genital Mutilation Kidnap II if purpose was to violate or abuse the victim sexually Kidnap I if purpose was to violate or abuse the victim sexually Trafficking persons/Sexual Servitude Dealing in Children 2/7/2014 7

MANDATORY OFFENSES Any felony offense if victim is 5 or under at the time of the offense Includes attempt and conspiracy No discretion and Court must register at the designated Tier level Mandatory registration only applies to juveniles 14-17 who commit one of the enumerated offenses 2/7/2014 8

DISCRETIONARY REGISTRATION Any juvenile under age 14 OR Juveniles aged 14-17, if offense does not require mandatory registration 2/7/2014 9

DISCRETIONARY OFFENSES Unlawful Sexual Contact III Unlawful Sexual Contact II Unlawful Sexual Contact I Indecent Exposure Incest Sexual Exploitation 2/7/2014 10

DISCRETIONARY OFFENSES Dealing in Child Pornography Possession of Child Pornography Sexual Solicitation of a Child Violation of Privacy Promoting Prostitution II Promoting Prostitution I Obscenity 2/7/2014 11

COURTS AUTHORITY Relieve juvenile from registration after a hearing OR Assign juvenile to a lower tier IF Court finds by a preponderance that the juvenile does not pose a threat to public safety 2/7/2014 12

RELEVANT FACTORS The risk the juvenile poses to the victim, the community and to other potential victims; The nature and circumstances of the offense; The impact on the victim, including the effects of registration and community notification; 2/7/2014 13

RELEVANT FACTORS The comprehensive evaluation, risk assessment and treatment recommendations or outcomes for the juvenile; The likelihood of successful rehabilitation, if known; and The adverse impact of public registration on the juvenile and the rehabilitative process. 2/7/2014 14

EVIDENCE/WITNESS Experts Probation Officers Treatment Providers Teachers Clergy Coaches Family members Specific examples of harm to the juvenile if registered 2/7/2014 15

REMOVAL FROM REGISTRTY Any juvenile who fits the discretionary category (even if victim was under 5 this is an exception to the mandatory offenses) may petition for removal after: Two years have passed since date of adjudication OR Completion of Treatment WHICHEVER IS EARLIER 2/7/2014 16

RETROACTIVITY Retroactive provision for juveniles placed on registry prior to effective date When requested, the Court shall schedule review hearings for juveniles registered prior to October 16, 2011 as soon as practicable 2/7/2014 17

FUTURE CASES Going forward, even if placed on the registry after a hearing, juveniles who fall into the discretionary category may petition for removal after two years or completion of treatment Offenses designated as mandatory are never subject to removal (except for otherwise discretionary felony against a child 5 and under) 2/7/2014 18

WHATS NEXT? Need to identify juveniles who are eligible PDO database Referrals from YRS, DFS, OCA, Courts Need records from YRS, PBH, DFS, DOC and treatment providers Need risk assessments 2/7/2014 19

POTENTIAL PROBLEMS Finding attorneys to handle removals Finding old records Funding for evaluations and risk assessments Adults who were placed on the registry as juveniles Pro se filings Data miners/Private websites/Other state registries Not the same as an expungement 2/7/2014 20