- Section 7: The Legal and
Legislative Response
- Goals
- This section of the curriculum will help you to understand:
- Changes in the legislative response to juvenile sex offenders
in recent decades;
- The application of federal registration and community notification
laws to juvenile sex offenders at the state level;
- The presence of sexually violent predator/civil commitment laws
that apply to juveniles offenders; and
- Some of the concerns about applying these laws to juvenile offenders
without consideration of how they impact juveniles in a different
way than their adult counterparts.
- Legal Trends in the Disposition
and Management of Juvenile Offenders
- Reductions in the lower age by which youth could be tried as adults
- Elimination of the strict confidentiality guidelines for some juvenile
court records and proceedings
- The establishment of mandatory minimum sentence structures for juvenile
crimes
- The reduction of judicial discretion in the juvenile and family courts
- Confidential Information
- Confidentiality Waivers
- Record Sealing
- Open Hearings
- No Minimum Age
- Cases Excluded From Juvenile
Court
- Cases Waived to Adult Court
- Cases Waived to Adult Courts
- Delinquency cases waived to adult criminal courts increased 71% between
1985 and 1994.
- In 1996, 73% of juvenile sex offenders transferred to criminal court
were sentenced to prison and received an average maximum sentence of
105 months.
- History of Sex Offender
Registration and Notification Statutes
- In 1990, Washington made changes in their penalties for sex offenders,
including:
- Civil commitment
- Registration
- Community Notification
- In 1991, Minnesota passed a sex offender registration act.
- In 1995, New Jersey enacted community notification legislation.
- History of Sex Offender
Registration and Notification Statutes (Continued)
- In 1994, Congress passed the Jacob Wetterling Act, which required
all states to create sex offender registries.
- In 1996, Congress signed the Megan’s Law Amendment, which required
all states to conduct community notification.
- In 1998, Congress passed a law that called for the creation of a
National Sex Offender Registry (NSOR). The purpose of NSOR is to assist
in tracking sex offenders as they move between states.
- Goals of Community Notification
and Registration Laws
- These laws were originally developed to:
- Deter potential sex offenders
- Reduce instances of reoffending among known sex offenders
- Provide law enforcement with information on known sex offenders
- Share information with the public about sex offenders residing
in their communities
- National Chronology of Sex
Offender Registration and Megan’s Law Legislation
- Concerns About Applying
Registration and Notification Laws to Juvenile Offenders
- The “labeling” effect these laws have on youthful offenders
can be detrimental.
- There is an absence of research on the efficacy of these laws as
they relate to juveniles.
- Some states do not differentiate which offenses trigger registration
and community notification requirements for juvenile offenders.
- Concerns About Applying
Registration and Notification Laws to Juvenile Offenders (Continued)
- Juveniles may be subject to the same requirements as adults, but
are not always afforded the same procedural safeguards.
- Juvenile sex offenses may be underreported or not adjudicated as
sex crimes to avoid triggering notification and registration requirements.
- Registration and notification are resource intensive and sometimes
applied without considerations for offenders’ risk levels.
- Juveniles Required to Register
- Separate Registration Laws
for Juveniles
- Minimum Age for Registration
- Youngest Age at Which Juveniles
Must Register
- North Carolina law applies to juveniles who were at least 11 years
of age when they committed the offense, and deemed a danger to the
community.
- Indiana law applies to juveniles who were at least 14 years of age,
and deemed likely to be repeat offenders.
- South Dakota law applies to juveniles who were at least 15 years
of age.
- Ohio, Idaho, and Okalahoma registration laws apply to juveniles 14
years of age and older.
- Termination of Registration
- Specialized Approaches to
Juvenile Registration: Texas Law
- Un–registration
- Juvenile courts release adjudicated sex offenders from registration
requirements.
- A hearing is held to weigh the protection of the public versus
the harm to juveniles and their families.
- De–registration
- Judges terminate registration requirements for juveniles who
are already registered.
- Non–public registration
- Courts order information on registered juvenile offenders not
to be disclosed to the public and to be used only by law enforcement
personnel to conduct criminal investigations.
- Specialized Approaches to
Juvenile Registration: Oregon Law
- Juveniles can petition the court and apply for relief from registration
two years after the expiration of their supervision period.
- Youths apply for relief through the District Attorney’s
Office or Juvenile Court.
- A court hearing is scheduled to hear evidence.
- Nature and Maintenance of
Juvenile Sex Offender Registry Information
- In order to balance the interests of juveniles and the “right
to know”:
- Idaho maintains a separate registry for juvenile offenders that
is only accessible to the public upon request.
- In Michigan, information on registered juvenile offenders is
available only to law enforcement until the juvenile is 18, at
which time their names are made public.
- Missouri maintains juveniles’ information in a court database
to which there is limited access.
- Issues with Registering
Juveniles
- When deciding who maintains the registry and what information is
provided, consider:
- The nature and type of information that will be collected.
- Implications of providing public access to traditionally confidential
juvenile records.
- The potential to inadvertently expose victims.
- Juveniles Subject to Community
Notification
- Additional Concerns With
Applying Notification Laws to Juveniles
- In addition to the considerations already mentioned:
- Potential social stigma—can damage prosocial links to peers
and the community.
- Stress of notification can exacerbate poor coping skills and
take the youth’s attention away from treatment and other
endeavors related to his successful reintegration back into the
community.
- Specialized Approaches to
Juvenile Notification: Alabama Law
- Juveniles are not subject to automatic community notification, but
are required to receive treatment and register upon release.
- Prior to release, an assessment is conducted to determine juveniles’ risk
of reoffending.
- If notification is deemed necessary, each case is assessed to determine
the most effective and judicious use of notification.
- Civil Commitment Laws
- Designed for individuals who suffer from significant mental health
difficulties and pose a danger to themselves or others.
- Are civil procedures that allow for commitment to a secure mental
health facility.
- These laws are intended to target the most repetitive of dangerous
sex offenders.
- Civil commitment laws are commonly known as sexually violent predator
(SVP) laws.
- Concerns With Applying Civil
Commitment Laws to Juveniles
- Recidivism rates of juvenile sex offenders are low.
- Adult oriented dispositions, such as civil commitment, can impact
the outcomes with juvenile sex offenders.
- Aggregating groups of antisocial individuals and placing youth with
predatory adults is problematic.
- Concerns With Applying Civil
Commitment Laws to Juveniles (Continued)
- Diagnosis may be broad and may fail to limit the scope of civil commitment
to the most dangerous offenders.
- The high prevalence of co–occurring mental health needs among
juveniles may qualify many of these youth for civil commitment.
- The ability (or inability) of mental health experts to predict with
accuracy that an individual is likely to recidivate is cause for concern
when considering prolonged commitment.
- SVP Civil Commitment Laws
- A Sample of State Civil
Commitment Laws
- Arizona and Florida only consider offenders 18 years of age and older
eligible for civil commitment.
- In Illinois, Washington, and Wisconsin, juveniles of any age are
subject to the law.
- Florida, Illinois, South Carolina, and Wisconsin apply the law to
juveniles and adults.
- Pennsylvania authorizes civil commitment of juveniles “aging
out” of the system who have a mental abnormality that increases
their risk to reoffend.
- Washington permits civil commitment of juveniles who are deemed a
high risk to the public.
- Summary
- There has been a trend in recent years to impose “get tough” legislative
measures on juvenile sex offenders.
- These laws can result in potential unintended consequences for juveniles,
their families, and victims of juvenile perpetrated sexual assault.
- The potential impact of these laws when applied to juvenile sex offenders
should be considered prior to implementation.
