CENTER FOR SEX OFFENDER MANAGEMENT
The Effective Management of Juvenile Sex Offenders in the Community
A Training Curriculum

 A Project of the Office of Justice Programs, U.S. Department of Justice

 

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Section 7: The Legal and Legislative Response
1 Hour, 30 Minutes

TOPIC: THE LEGAL AND LEGISLATIVE RESPONSE

Part IV: How do Registration Laws Apply to Juvenile Offenders in Different States?

Until the passage of the Adam Walsh Child Protection and Safety Act of 2006 described earlier in this section, only juveniles prosecuted and convicted as adults were required to register under the federal Wetterling Act. As we mentioned earlier, the Act now requires that all states register juvenile sex offenders 14 years or older whose offense (or attempted offense) was comparable to or more severe than aggravated sexual abuse.

Prior to the passage of the Act, 32 states required youth adjudicated in juvenile court to register:

Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Hawaii
Idaho
Illinois
Indiana

Iowa
Kansas
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nevada
New Jersey
North Carolina

North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Texas
Washington
Wisconsin

However, in some of these states, information about their conviction cannot be released to the public, even though they are considered registered sex offenders. For example, in some states, this information is solely for use within the juvenile courts, versus being contained on a statewide registry that allows for more widespread access to juveniles’ personal information.

Only six states currently have separate registration laws for juvenile and adult sex offenders: Arkansas, Missouri, Montana, North Carolina, Oklahoma, and Wisconsin.

What is the Youngest Age at Which Juveniles are Required to Register?

When it comes to the age at which juvenile sex offenders are required to register, only six states actually define the youngest age at which an offender must comply with this requirement, which leaves open the possibility that even very young children who evidence sexual behavior problems may be subject to registration. And among those states that do specify the age, there is wide variation. Here are some examples:

• North Carolina law only applies to juveniles who were at least 11 years of age when they committed the offense, but such juveniles must also be found by the court to be a danger to the community.
• Indiana law only applies to juveniles who were at least 14 years of age and were found by a court by “clear and convincing evidence” to be likely to be repeat offenders.
• In South Dakota, the juvenile must be 15 or older at the time their offense was committed. Ohio, Idaho, and Oklahoma registration laws apply to juveniles 14 and older.

Once a Juvenile Sex Offender, Always a Juvenile Sex Offender?

A number of states have adopted legislation that differentiates between adults and juvenile sex offenders by allowing for some flexibility in how long juveniles must remain on the sex offender registry, and whether they can petition the court to be removed from the registry. This approach allows for some discretion in these cases that takes into account factors such as the juvenile’s offense history, their risk to reoffend, and their progress in treatment and under supervision.

For example, 20 states have instituted special juvenile procedures and/or age limits that can terminate a juvenile’s duty to register after a certain point in time following their adjudication. These laws provide the opportunity for relief from registration requirements in certain circumstances after juveniles reach adulthood (i.e., ranging from 18–21 years of age).³²

Alabama
Arkansas
Arizona
Colorado
Idaho
Illinois
Indiana
Minnesota
Mississippi
Ohio

Oklahoma
Oregon
Nevada
New Jersey
North Carolina
Rhode Island
South Carolina
South Dakota
Texas
Washington

Other states have policies that allow juvenile offenders the chance to petition the courts for relief from registration requirements after they have had an appropriate period of crime–free community adjustment and stability. This approach allows for juveniles to “prove” themselves while receiving targeted interventions, and affords them the chance to use the skills they have acquired during this period of supervision to reintegrate themselves successfully back into the community without having to register throughout their adulthood.

Examples of Specialized Approaches to Juvenile Registration: Texas and Oregon

In one of the states in which juvenile sex offenders can petition the courts for termination of registration requirements—Texas—juvenile courts may allow adjudicated sex offenders to be released from registration requirements through a process known as “un–registration.”³³ The law authorizes judges to terminate registration requirements for some juveniles who are already registered through a process known as “de–registration.” In cases of un–registration, the juvenile court must hold a hearing to weigh the protection of the public versus harm to the juvenile and the juvenile’s family. If, through the hearing, the courts determine that there is compelling evidence that protection of the public would be increased by registration, the offender is required to register. Texas courts also have the ability to adopt a middle ground approach and order a non–public registration. This means that the registration information is not disclosed over the Internet and can only be used by law enforcement personnel in the course of conducting a criminal investigation.

A similar process is in place in Oregon.³⁴ Juvenile offenders adjudicated for a sex crime in juvenile court can petition the court and apply for relief from registration two years after the expiration of their supervision period. Youths can apply for relief from their registration requirements from the juvenile court in the county in which they live or in which they were adjudicated. A court hearing is then scheduled to hear evidence in each individual case.

Nature and Maintenance of Juvenile Sex Offender Registry Information

In order to protect the interests of juvenile offenders while balancing the interests of community safety, some states have established separate registries for juvenile and adult sex offenders. For example, Idaho’s approach allows the state to maintain a separate registry for juvenile sex offenders that is accessible to the public only after they have requested information from the police or through the state’s Web site. In Michigan, juveniles have been included on the registry that is available to law enforcement, but until they turn 18 their names are not included on the public registry, which is available on the Internet. However, any juvenile convicted of the most serious sexual offenses—criminal sexual conduct in the 1^st or 2^nd degree—is listed on the public sex offender registry after their 18^th birthday.

Additionally, some jurisdictions maintain juvenile sex offender registries within the juvenile court or juvenile supervision agency, rather than with the local law enforcement agency. This allows for the collection and maintenance of registry data, while also allowing for increased protections over juvenile registrants’ information.³⁵ For example, in Missouri, the names of adjudicated sex offenders are maintained on registries within the juvenile courts, which provides for some confidentiality protections. Rather than being maintained on the statewide registry used for adults, information is provided about these youth only to a limited range of parties on a “need to know” basis.

Obviously, states that require juvenile sex offenders to register have to consider not only which agency will assume responsibility for maintaining the juvenile registry, but also what kinds of information should be included as part of the registry. The types of information that are included on juvenile sex offender registries vary from state to state. Some of the issues that must be sorted out, however, include:

• The nature and type of information that will be collected. States must decide precisely what information will be shared with law enforcement agencies—and the public—if they are afforded access to the registry. This includes determinations of whether to release information about the specific nature of the registerable offense, as well as information such as the offender’s photograph, address, and other personal data.
• Providing public access to traditionally confidential juvenile records. Traditionally, access to information about juveniles’ criminal histories, court proceedings, and personal information has been limited. States that require juveniles to register are forced to consider how much of this traditionally confidential information will be shared as part of the registry information.
• Potential to inadvertently expose the identified victims. Given the fact that many juvenile sex offense cases involve intrafamilial victims,³⁶ states must grapple with how to provide information about the offender’s crime without simultaneously exposing the identity of their victim. This is of particular concern when the victim is a family member and as a result is more easily identifiable.

States are considering these and likely other issues as they decide how to balance the public’s right to know with the potential effects on victims, offenders, and families.