SB1509 95TH GENERAL ASSEMBLY

LRB095 06760 RLC 26876 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1509

Introduced 2/9/2007, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

730 ILCS 150/3-5 new

Amends the Sex Offender Registration Act. Provides that in all cases involving an adjudicated juvenile delinquent who meets the definition of sex offender as set forth in the Act, the court shall order the minor to register as a sex offender. Provides that 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 the Act for the term of his or her registration. Provides that no less than 5 years after registration, the minor may petition for the termination of the term of registration. Provides that the court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon certain factors. Provides that an adjudicated juvenile delinquent shall not be considered a sexual predator, as defined in the Act, for the purposes of mandatory registration for the term of natural life. Provides that these provisions apply retroactively. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sex offenders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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) In all cases involving an adjudicated juvenile delinquent who meets the definition of sex offender as set forth in paragraph (5) of subsection (A) of Section 2 of this Act, the court shall order the minor to register as a sex offender.

(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) No less than 5 years after registration ordered pursuant to subsection (a) of this Section the minor may petition for the termination of the term of registration.

(d) The court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon the factors set forth in subsection (e).

(e) To determine whether a registrant poses a risk to the community as required by subsection (d), 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;

(6) victim impact statements; and

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

(f) At the hearing set forth in subsections (c) and (d), 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.

(g) 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.

(h) 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.

(i) 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 95th General Assembly. On or after the effective date of this amendatory Act of the 95th General Assembly, a person adjudicated delinquent before the effective date of this amendatory Act of the 95th General Assembly may request a hearing regarding status of registration by filing a Petition Requesting Registration Status with the clerk of the court. Upon receipt of the Petition Requesting Registration Status, the clerk of the court shall provide notice to the parties and set the Petition for hearing pursuant to subsections (c) through (e) of this Section.

(j) 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.