Found 112 matches.
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Juvenile Law Center sign-on letter to the American Law Institute
Tags: Federal | Sex Offender Registries | Administrative/Regulatory Policies
Juvenile Law Center sign-on letter to the American Law Institute expressing support for the proposed section 213.11A(3) of the Model Penal Code, which eliminates sex offender registration for nearly all individuals who were under 18 at the time of the offense.
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Sex Offense Registries Policy Platform
Tags: Sex Offender Registries | NJJN Publications
NJJN recommends that all youth and adults who committed sexual offenses as youth be exempt and/or removed from sex offense registries,public notification laws,and residency restriction laws. Updated November 2018 sex offense registries/sex offense registry/ sex registry/ sex registries/ policy platform/ sex offender
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Comments on Juvenile Registration Under SORNA - Youth Justice Alliance
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
A Youth Justice Alliance urges the SMART office to: 1) Hold a full public hearing on the proposed guidelines to examine unintended consequences and alternative approaches that would better serve public safety before finalizing; 2) Convene a task force to study and recommend best practices for youth charged with sex offenses; 3) Revise the guidelines to incentivize evidence-based practices proven to prevent and intervene with sexual harm, and; 4) Move toward implementing a system that both reassures states they will not lose Byrne grant funding if they do not register youth and also discourages state policies that require youth registration.
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Comments on Juvenile Registration Under SORNA - Just Kids
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
A diverse and bi-partisan alliance called Just Kids suggests that the SMART Office move towards implementing a system that both reassures states they will not lose Byrne grant funding if they do not register youth and also discourages state policies that require youth registration.
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Comments on Juvenile Registration Under SORNA - Researchers with Expertise on Juvenile Sexual Offending
Tags: Federal | National | Sex Offender Registries | Administrative/Regulatory Policies | Legislation
Various researchers with expertise on youth who have committed sexual offenses recommend that the SMART Office emphasize evidence-based treatment rather than registration and waiver as a way to manage youth who have sexually offended.
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R Street | The Costs and Benefits of Sex Offender Registration and Notification
Tags: National | Sex Offender Registries | Research
This report from the R Street Institute finds that the costs of sex offender registries far outweigh the benefits.
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"Crimes of Children," The Atlantic
Tags: National | Sex Offender Registries | Media
In this long-form piece from the Atlantic, journalist Dylan Walsh focuses on the collateral consequences of youth placed on sex offender registries. The article features the story of a young man - Jean Karlo - who was deported to Mexico as a consequence of a Romeo & Juliet-type sex offense committed when he was 17.
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Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | Partner Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
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Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Brain and Adolescent Development | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | NJJN Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
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Perils of Registering Youth Who Commit Sex Offenses: Research Update
Tags: National | Sex Offender Registries | Research | NJJN Publications
Registries and notification laws for people who commit sex offenses offer no clear public safety benefits. Though registration is not an effective way to reduce sex offending among adults and youth alike, it is an especially inappropriate response to youth, who are highly unlikely to become repeat sex offenders.
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Youth Who Commit Sex Offenses: Research Update
Tags: National | Sex Offender Registries | Research | NJJN Publications
Registries for youth who commit sex offenses not only fail to protect child welfare and overall public safety, but actually jeopardize it, while taking an enormous toll on the youth who have offended. New research sheds light on why youth commit sex offenses and how to achieve the best outcomes.
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Improving Illinois' Response to Sexual Offenses Committed by Youth
Tags: Illinois | Sex Offender Registries | Reports
This report by the Illinois Juvenile Justice Commission explains how the state can address sexual offending by youth. Recommendations include: highly trained professionals should be working closely with sexual offending youth, focus on and supervise the child's home life and remove youth from sex offender registry. Further methodology is provided in-depth on how Illinois can address this issue.
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Improving Illinois' Response to Sexual Offenses Committed by Youth
Tags: Illinois | Sex Offender Registries | Reports | Research
The State of Illinois' first comprehensive study of youth who commit sexual offenses. The study finds that such youth are highly amenable to treatment and unlikely to reoffend.
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Judge Workman Opinion - Lancaster County - Youth Sex Offender Registration
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
Judge David Workman of Lancaster County, PA's opinion regarding the unconstitutionality of the state's youth sex offender registration requirements.
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Judge Patti-Worthington Decision - Youth Sex Offender Registries (PA)
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
Judge Patti-Worthington's decision holding that youth sex offender registries are unconstitutional.
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Opinion: Pennsylvania Court Decision on Constitutionality of SORNA for Youth
Tags: Pennsylvania | Sex Offender Registries | Court Decisions and Related Documents
In this decision, the Pennsylvania county judge finds that when applied to youth, the Sexual Offender Registration and Notification Act (SORNA) to be unconstitutional.
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Expert Report/Declaration of Peter Wagner, J.D.
Tags: Michigan | Sex Offender Registries | Testimony
An expert report filed in a Michigan case regarding "school safety zones," which limit the activities of those on sex offender registries. The analysis concludes that there is no reasonable way for a person who seeks to comply with the law to be able to identify and avoid the protected areas.
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Court Rules Electronic Monitoring of Youth Convicted of Sex Offense Must Be Reviewable, In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013)
Tags: South Carolina | Sex Offender Registries | Court Decisions and Related Documents
A youth in South Carolina challenged the imposition of lifetime electronic monitoring after he pled guilty to a sex offense, arguing that the monitoring constituted cruel and unusual punishment because his young age would make lifetime monitoring especially severe. The South Carolina Supreme Court rejected his argument and held that such monitoring is not punishment, and therefore does not violate the state or federal constitutions. However, the court did mandate periodic judicial review to determine the necessity of continued monitoring, allowing the youth to petition for review ten years after the monitoring commenced. In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013).
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Delaware H.B. 182 Full Text
Tags: Delaware | Sex Offender Registries | Legislation
Delaware's H.B. 182 revises the previous policy of mandatory, automatic registration for youth convicted of sexual offenses, giving discretion to Family Court on a case-by-case basis.
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Delaware Gives Courts Discretion Over Placement of Certain Youth on Sex Offender Registry, H.B. 182/Act No. 123
Tags: Delaware | Sex Offender Registries | Legislation
Delaware passed legislation that amends the automatic and mandatory registration of youth who are convicted of sex offenses. Delaware Family Court now has discretion to determine whether it is appropriate to place on the sex offender registry a child under the age of 14 who is adjudicated of a sex offense, or a youth between the ages of 14-17 who is adjudicated of a non-violent sex offense where the victim is not age five or younger. Family Court must hold a hearing to review potential risk factors, the nature and circumstances of the offense, victim impact, a comprehensive evaluation of the youth, treatment recommendations, a risk assessment, the likelihood of rehabilitation, and the adverse impacts of placing the youth on the public registry. The law also allows youth who are placed on the registry to apply for removal after two years from the date of adjudication or upon completion of treatment, whichever comes first. The law applies retroactively. The state public defender’s office has anecdotally reported that since the law’s passage, courts have been receptive to keeping youth off of registries. H.B. 182/Act No. 123, signed into law July 18, 2013; effective October 18, 2013.
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Rhode Island Creates Commission to Study Impact of SORNA Implementation, S.R. 998
Tags: Rhode Island | Sex Offender Registries | Legislation
In response to strong pressure from advocates against legislation to comply with the federal Sex Offender Registration and Notification Act (SORNA), the Rhode Island Senate passed a resolution creating a study commission to examine the constitutional and fiscal implications of implementing SORNA’s mandates. The commission was extended by another resolution in 2013. S.R. 2572, passed Senate June 12, 2012; S.R. 998, passed Senate June 18, 2013.
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Colorado Limits Placement of Youth on Adult Sex Offender Registry, S.B. 229/Act No. 272
Tags: Colorado | Sex Offender Registries | Legislation
Colorado changed its juvenile sex offender registration policies so that an individual will now be placed on either the adult or juvenile list depending on his or her age at the time of the incident, rather than the age at the time of adjudication. Prior law placed youth on the adult registry if they turned 18 before sentencing. The adult registry is more onerous and it takes longer to petition to be removed from it. S.B. 229/Act No. 272, signed into law May 25, 2013; effective July 1, 2013.
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A Multi-State Recidivism Study Using Static-99R and Static-2002 Risk Scores and Tier Guidelines from the Adam Walsh Act
Tags: Federal | National | Sex Offender Registries | Legislation | Reports | Research
This study seeks to examine important components of our nation’s sex offender tracking and monitoring systems, with a focus on risk assessment and sexual recidivism (measured by re-arrest). On average, we found that the recidivism rate was approximately 5% at five years and 10% at 10 years. AWA tier was unrelated to sexual recidivism. The findings indicate that the current AWA classification scheme is likely to result in a system that is less effective in protecting the public than the classification systems currently implemented in the states studied.
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Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US
Tags: National | Aftercare/Reentry | Family and Youth Involvement | Sex Offender Registries | Reports | Research
This Human Rights Watch report challenges the view that registration laws and related restrictions are an appropriate response to sex offenses committed by children. The report shows that such measures amount to continuing punishment for youth who commit sex offenses and in fact have a neutral or even negative effect on public safety by overburdening law enforcement with monitoring large numbers of people, undifferentiated by their dangerousness.
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California Limits Sex Offender Registration
Tags: California | Sex Offender Registries | Legislation
California modified existing law to remove specified offenses requiring registration as a sex offender from those provisions that allow the court, in certain circumstances, to retain jurisdiction over an individual until that person reaches his or her mid-20s (jurisdiction normally ends at age 21). The change applies retroactively. A.B. 1481/Act No. 342, signed into law and effective September 17, 2012.
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Sex Offender Registration and Notification in the United States: Current Case Law and Issues
Tags: Sex Offender Registries | Reports
The Department of Justice's Office of Sex-Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) provides a summary of the current state of sex offender registration and notification systems across the country.
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Rhode Island Creates Commission to Study Impact of SORNA Implementation, S.R. 2572
Tags: Rhode Island | Sex Offender Registries | Legislation
In response to strong pressure from advocates against legislation to comply with the federal Sex Offender Registration and Notification Act (SORNA), the Rhode Island Senate passed a resolution creating a study commission to examine the constitutional and fiscal implications of implementing SORNA’s mandates. The commission was extended by another resolution in 2013. S.R. 2572, passed Senate June 12, 2012; S.R. 998, passed Senate June 18, 2013.
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A Multi-State Recidivism Study Using Static-99R and Static-2002 Risk Scores and Tier Guidelines From the Adam Walsh Act
Tags: Federal | Sex Offender Registries | Legislation | Reports | Research
This study seeks to examine important components of our nation’s sex offender tracking and monitoring systems, with a focus on risk assessment and sexual recidivism (measured by re-arrest). On average, the study finds that the recidivism rate was approximately 5% at five years and 10% at 10 years. AWA tier was unrelated to sexual recidivism. The findings indicate that the current AWA classification scheme is likely to result in a system that is less effective in protecting the public than the classification systems currently implemented in the states studied.
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In re C.P., Slip Opinion No. 2012-Ohio-1446
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Automatic, lifelong registration and notification requirements of R.C. 2152.86 violate due process and prohibition against cruel and unusual punishment for juvenile sex offenders tried within juvenile system.
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Ohio Supreme Court Declares Automatic Sex Offender Registration and Notification Unconstitutional, In re C.P., Slip Opinion No. 2012-Ohio-1446
Tags: Ohio | Juvenile Defense and Court Process | Sex Offender Registries | Court Decisions and Related Documents
On April 3, 2012, the Ohio Supreme Court found the state’s statute requiring automatic lifetime sex offender registration and notification for youth unconstitutional and counter to the rehabilitative goal of the juvenile justice system. In a 5-2 ruling, the court found the statute’s automatic lifelong registration and the public notification requirements for youth adjudicated in juvenile court to be a violation of the 8th Amendment’s protection against cruel and unusual punishment.
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Ohio Supreme Court: In re C.P.
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
The Ohio Supreme Court found Ohio's statute requiring automatic sex offender registration and notifications for juveniles unconstitutional.
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Virginia Fails to Pass Bill Mandating Lifetime Registration for Youth Convicted of Certain Sex Offenses, H.B. 624 - Failed
Tags: Virginia | Sex Offender Registries | Legislation
Advocates in Virginia helped to defeat a bill that would have mandated lifetime registration for youth over the age of 13 convicted of certain sex offenses. The bill would have been applied retroactively. H.B. 624.
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Fighting Adam Walsh Act Legislation in Your State: Juvenile-Specific Factsheet and Update
Tags: Federal | Sex Offender Registries | Partner Publications
Brief newsletter that covers status of SORNA implementation; and areas of policy concern that can be harmful to youth in the justice system.
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The Case for Modifying Juvenile Sex Offender Registry Requirements in Delaware
Tags: Delaware | Sex Offender Registries | Member Publications
Reviews research on what works with juvenile sex offenders and Delaware law governing sex offenses, and argues that registration requirements be modified under H.B. 137.
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A Snapshot of the Juvenile Sex Offender Registration and Notification Laws
Tags: Sex Offender Registries | Reports
A survey on the current state of law regarding the inclusion of children in the sex offender registration and notification system. The Snapshot is meant to provide a suitable reference point in a constantly changing juvenile justice system.
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Executive Report: Purposes Behind the Snapshot of Juvenile Sex Offender Registration and Notification Laws
Tags: Sex Offender Registries | Reports
The Executive Report introduces a national survey of state laws adopted to comply with the Snapshot of Juvenile Sex Offender Registration and Notification Act (SORNA).
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Adam Walsh Act Update: State Resistance to Comply and Federal Leniency in Compliance Review
Tags: Federal | Sex Offender Registries | Reports | NJJN Publications
Update noting that states are resistant to comply with the Adam Walsh Act, due to the high expense of compliance, the negative public safety and rehabilitation effects of placing youth on registries, and confidence in their own current state laws, many of which have been carefully crafted to assess for actual risk, rather than acting as more blunt offense-based tools. Additionally, the federal SMART (Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking) office modified the law's guidelines, allowing jurisdictions to exempt youthful offenders from public registries, and place them on private, law enforcement-only registries. In doing so, the SMART office has allowed for a more lenient definition of "substantial implementation" than it indicated it would in the past.
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Ohio Supreme Court Rules State’s Implementation of the Adam Walsh Act Cannot Be Applied Retroactively, State v. Williams, 129 Ohio St.3d 344 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In July 2011, the Supreme Court of Ohio addressed S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act), finding that the registration duties imposed by S.B. 10 amount to punishment, and therefore cannot be constitutionally applied retroactively.
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Summary of Sex Offender Research Briefing, Elizabeth Letourneau
Tags: Sex Offender Registries | Research
Summary of findings presented at an NJJN teleconference (6/29/11) of the most recent research on juvenile sex offenders that indicate extremely low levels of recidivism and inefficacy of both public and private sex offender registries.
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Illinois Lessens Penalty for Youth Charged with “Sexting,” H.B. 4583
Tags: Illinois | Sex Offender Registries | Legislation
Illinois law provides that a youth who distributes indecent visual depictions of another youth may be adjudged a minor in need of supervision. If the youth is found to be in need of supervision, he or she may be ordered to obtain counseling or other supportive services, or required to perform community service. Prior to the new law, prosecutors had to charge such youth under stricter pornography laws, which could lead to designation as a sex offender.
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Ohio Supreme Court Protects Young Children Charged with Certain Sex Offenses, In re D.B., 129 Ohio St.3d 104 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2011, the Supreme Court of Ohio issued a decision protecting young children from certain sex offender laws. Ohio’s statutory rape law can no longer be applied to children under the age of 13 who engage in sexual conduct with other children under the age of 13.
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Oregon Alleviates Some Registration Requirements for Youth Convicted of Sex Offenses, S.B. 408
Tags: Oregon | Collateral Consequences | Sex Offender Registries | Legislation
The Oregon State Legislature modified the relief process for youth convicted of sex offenses and required to register as sex offenders. Under the law, youth adjudicated of misdemeanor offenses will no longer be required to register, and the Oregon State Police must remove within one year those youth previously required to register for misdemeanors. Additionally, the law allows youth adjudicated of a Class C felony to apply for removal from the registry within 30 days prior to the case’s closure in juvenile court. Lastly, for youth convicted of Class A or Class B felonies, the law reduces the waiting period to apply for removal from the registry from three years to two years.
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Washington Eliminates Duty to Register for Certain Individuals, S.B. 5204
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
Five years after their release from confinement, individuals in Washington convicted of a Class A felony sex or kidnapping offense at the age of 15 or older no longer have to register as sex offenders. Similarly situated individuals who were 14 years old or younger at the time of the offense, or individuals convicted of a non-Class A sex or kidnapping offense, may petition the court to be relieved of the duty to register two years after their release from confinement. The legislation also creates a uniform burden of proof for individuals who petition the court for relief from the duty to register as sex offenders for offenses committed as juveniles, and allows authorities to seal most juvenile sex offense records when the convicted individual has been relieved of the duty to register and complied with all other statutory requirements.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 188
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with "age-only consensual" acts -- in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim -- will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 189
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with “age-only consensual” acts—in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim—will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Federal Standards for Community Registration of Juvenile Sex Offenders: An Evaluation of Risk Prediction and Future Implications, Ashley Batastini, et al., Psychology, Public Policy, and Law 2011, Vol. 17, No. 3, 451-474
Tags: Federal | Sex Offender Registries | Research
Article addressing several key concerns relating to the application of the federal standards of the Adam Walsh Act to adolescent offenders. The article examines the ability of the Adam Walsh Act's classification system to predict future offending over a two-year outcome period. Results indicate that offenders who met criteria for registration did not reoffend (sexually or nonsexually) at a significantly higher rate than those who did not meet registration criteria.
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The Effective Management of Juvenile Sex Offenders in the Community: The Legal and Legislative Response, Center for Sex Offender Management Web site
Tags: Sex Offender Registries | Web-Based Tools
Curriculum designed to facilitate the understanding of: (1) changes in legislative responses to juvenile sex offenders in recent decades; (2) the application of federal registration and community notification laws to juvenile sex offenders at the state level; (3) the presence of sexually violent predator/civil commitment laws that apply to juvenile offenders; and (4) some of the concerns about applying these laws to juvenile offenders without consideration of unintended collateral consequences for these youth.
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Ohio Supreme Court Finds State’s Implementation of the Adam Walsh Act Unconstitutional, State v. Bodyke, 126 Ohio St.3d 266 (2010)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2010, the Supreme Court of Ohio declared that the retroactive reclassification of sex offenders under Ohio’s S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act) is an unconstitutional violation of separation of powers, when the registrant (adult or juvenile) had previously been classified by a court order.
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Update on State Compliance with the Adam Walsh Act, NJJN Fact Sheet
Tags: Federal | Sex Offender Registries | Reports | NJJN Publications
NJJN advisory on the federal government's apparent willingness to pay heed to states' concerns about the Adam Walsh Act's mandates for youth.
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Sex Offender Management Policy in the States: Strengthening Policy and Practice, Council of State Governments
Tags: Sex Offender Registries | Reports
Report including a discussion of the basic provisions of the Adam Walsh Act, debunking myths regarding the sex offender population, particularly juvenile offenders, and discussing the costs of implementation and problems with residency requirements.
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Juveniles Who Commit Sex Offenses Against Minors, Office of Juvenile Justice and Delinquency Prevention Bulletin
Tags: Crime Data and Statistics | Sex Offender Registries | Reports
Bulletin drawing on data from the FBI's National Incident-Based Reporting System to provide population-based epidemiological information on juvenile sex offending. The findings reported and their implications should help inform the policy and practice of those committed to addressing the sexual victimization of youth and strengthening its prevention and deterrence -- considerations that are critical to success.
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Retroactive Application of SORNA Unconstitutional, U.S. v. Juvenile Male, No. 07-30290, September 10, 2009
Tags: Federal | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In September 2009, a panel of the federal Ninth Circuit Court of Appeals ruled that that the retroactive application of the Sex Offender Registration and Notification Act’s (SORNA) provisions for former youth offenders is punitive and in violation of the Ex Post Facto Clause of the U.S. Constitution. The court found that the registration and reporting requirements would affect many adults who were sentenced for sex offenses many years ago when they were youth, and that the requirements threaten “to disrupt the stability of [individuals’] lives and to ostracize them from their communities by drawing attention to decades-old sex offenses committed as juveniles that have, until now, remained sealed.” The court referred to the “pervasive and severe” disadvantages of mandatory registration and the historic confidentiality of juvenile proceedings in its reasoning.
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Megan's Law: Termination of Registration Requirement (2009 Update), Linda A. Szymanski, National Center for Juvenile Justice Snapshot, Vol. 14, No. 9
Tags: Sex Offender Registries | Reports
Snapshot covering the extent to which states allow for termination of registration requirements for juveniles convicted under Megan's Law registration requirements.
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Unjust and Ineffective, The Economist
Tags: Sex Offender Registries | Media
Cover story exposing the harsh and ineffective sex offender registry laws across the U.S.
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Megan's Law: Juvenile Sex Offender Lower Age Limits (2009 Update), Linda A. Szymanski, National Center for Juvenile Justice Snapshot, Vol. 14, No. 8
Tags: Sex Offender Registries | Reports
Snapshot discussing lower age limits set by the states, as well as the Adam Walsh Act’s set lower age of jurisdiction of 14.
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Megan's Law: Juvenile Sex Offender Registration (2009 Update), Linda A. Szymanski, National Center for Juvenile Justice Snapshot, Vol. 14, No. 7
Tags: Sex Offender Registries | Reports
Snapshot detailing the current status of juvenile registration requirements in each state’s version of Megan's Law, which requires convicted criminal sex offenders to register with police, and allows the community to receive offender information.
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The Adam Walsh Act and Wisconsin: One-Size-Fits-All Registration Does Not Fit Everyone, Wisconsin Council on Children and Families
Tags: Wisconsin | Sex Offender Registries | Reports
Brief about the potential impact of the Adam Walsh Act in Wisconsin.
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The Adam Walsh Act : A False Sense of Security or an Effective Public Policy Initiative?
Tags: Sex Offender Registries | Reports
This article explores the effectiveness of the three-tiered Sex Offender Registration Notification Act (SORNA).
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Washington Individuals with Youth Adjudications for Sex Offenses Must Be Notified of Right to Removal from Registries, S.B. 5326
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
The Washington State Patrol must provide notice to individuals registered for a sex offense or kidnapping offense committed when they were juveniles of the ability to petition for relief from the duty to register. The notice must be provided at least annually.
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Testimony of Melissa Coretz Goemann on Sex Offender Registration and Notification Act (SORNA), U.S. House Judiciary Subcommittee on Crime, Terrorism and Homeland Security
Tags: Federal | Sex Offender Registries | Testimony
Testimony urging that the House of Representatives reconsider the bill making juvenile sex offender registration and notification mandatory.
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Video of Hearing on Sex Offender Registration and Notification Act (SORNA): Barriers to Timely Compliance by States, U.S. House Subcommittee on Crime, Terrorism, and Homeland Security
Tags: Federal | Sex Offender Registries | Testimony
Hearing including the following witnesses: Laura Rogers, previous Director of the Department of Justice SMART Office; Emma J. Devillier, Assistant Attorney General, Criminal Division, Office of the Attorney General of Louisiana, Chief Sexual Predator Unit; Madeline Carter, Principal, Center for Sex Offender Management, Center for Effective Public Policy; Ernie Allen, President and CEO, National Center for Missing and Exploited Children; Mark Lunsford, father of Jessica Lunsford; Detective Robert Shilling, Seattle Police Department, Kidnapping Offender Detail, Sexual Assault and Child Abuse Unit; Amy Borror, Public Information Officer, Office of the Ohio Public Defender.
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Effort to Track Sex Offenders Draws Resistance, Abby Goodnough and Monica Davey, The New York Times
Tags: Federal | Sex Offender Registries | Media
Article discussing how an aggressive federal effort to keep track of sexual offenders is at risk of collapse because of objections from states and legal challenges from sex offenders and others.
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State v. Spangler, 2009-Ohio-3178, Ohio Appellate Court
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Ohio appellate court opinion finding the state's implementation of the Adam Walsh Act to be unconstitutional.
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Registering Harm, NJJN Teleconference Audio Recording, Justice Policy Institute
Tags: Federal | Sex Offender Registries | Presentations | Teleconference
Briefing on the negative effects of the Adam Walsh Act and recommendations for federal and state policy regarding sex offender registries.
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Registering Harm, NJJN Teleconference PowerPoint Presentation, Justice Policy Institute
Tags: Federal | Sex Offender Registries | Presentations | Teleconference
PowerPoint presentation discussing the flaws of the Adam Walsh Act in terms of burdens on law enforcement, negative effects on youth and families, and compromises to public safety, and offering recommendations for federal and state policy.
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Registering Harm: How Sex Offense Registries Fail Youth and Communities Teleconference Audio Recording
Tags: Federal | Sex Offender Registries | Presentations | Teleconference
Briefing on the negative effects of the Adam Walsh Act and recommendations for federal and state policy regarding sex offender registries.
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Resolution in Opposition of the Sex Offender and Registration Notification Act as it Applies to Juvenile Offenders, Council of State Governments
Tags: Sex Offender Registries | Reports
Resolution against juvenile offenders having to join sex offender registry because of the implications of joining the registry.
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Megan's Law: Assessing the Practical and Monetary Efficacy, Kristen Zgoba, et al., National Criminal Justice Reference Service
Tags: New Jersey | Sex Offender Registries | Reports
Report concerning the various impacts of community notification and registration laws (Megan's Law) in New Jersey. Report was embarked upon in general to investigate: (1) the effect of Megan's Law on the overall rate of sexual offending over time; (2) its specific deterrence effect on re-offending, including the level of general and sexual offense recidivism, the nature of sexual re-offenses, and time to first re-arrest for sexual and non-sexual re-offenses (i.e., community tenure); and (3) the costs of implementation and annual expenditures of Megan's Law.
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Registering Harm Briefing Book, Justice Policy Institute
Tags: Sex Offender Registries | Reports
Briefing book providing guidance to juvenile justice advocates, policymakers, and the media on issues concerning compliance with the Adam Walsh Act.
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Registering Harm: How Sex Offense Registries Fail Youth and Communities, Justice Policy Institute
Tags: Sex Offender Registries | Reports
Report documenting the issues related to public safety and fiscal accountability that states should consider as they determine whether to comply with the Adam Walsh Act or otherwise expand the reach of their existing registries. The report finds that sex offender registries often divert resources from positive and effective public safety strategies and that the consequences of registration are likely to undermine any rehabilitative programming available for children. The cost to states to comply with the Adam Walsh Act could reach millions of dollars while leading to a false sense of security and further alienating youth.
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In the Interest of Z.B., 2008 SD 108, South Dakota Supreme Court
Tags: South Dakota | Sex Offender Registries | Court Decisions and Related Documents
Court decision holding that some juvenile sex offender and notification laws violate the Equal Protection Clause of the Fourteenth Amendment because juveniles are arbitrarily treated differently than adults.
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The Negative Impact of Registries on Youth: Why Are Youth Different from Adults?, Justice Policy Institute
Tags: Sex Offender Registries | Reports
Discusses the key differences between youth and adults who commit sex offenses, including differences in brain development, the fact that youth are not sexual predators, and the low recidivism rates for youth who commit sex offenses.
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Youth Who Commit Sex Offenses: Facts and Fiction, Justice Policy Institute
Tags: Sex Offender Registries | Reports
Paper debunking some of the most common misconceptions about young people convicted of sex offenses.
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John Doe v. State of Alaska, No. 6290
Tags: Alaska | Sex Offender Registries | Court Decisions and Related Documents
Decision of Alaska Supreme Court finding ex post facto violation in sex offender registry law, determining that registration laws cannot be applied to people whose offenses predate the registry's effective date.
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Protecting America's Children, Corrinne A. Carey, The Washington Times
Tags: Sex Offender Registries | Media
Article about how harsher juvenile sex offender laws are unnecessary and discussing that the country needs “smarter” juvenile sex offender laws.
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Juvenile Sex Offenders Marked for Life, Claudia Rowe, Seattle Post-Intelligencer
Tags: Sex Offender Registries | Media
Newspaper article about how sex offenses committed by juveniles follow them for their entire lives, even if the youth didn’t realize that what they were doing was a crime at the time in which they engaged in the behavior.
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Adam Walsh Act and Ohio Senate Bill 10: Effects on Children Adjudicated for Sex Offenses, Office of the Ohio Public Defender
Tags: Ohio | Sex Offender Registries | Reports
Brief explaining act in which juvenile sex offenders aged 14-17 will be classified as sex offenders and required to register this sex offender status.
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R. v. D.B., 2008 SCC 25, Supreme Court of Canada
Tags: International | Sex Offender Registries | Court Decisions and Related Documents
In a 5-4 decision, the Canadian Supreme Court found it to be unconstitutional to require youth convicted of certain serious offenses to establish why they should be sentenced as juveniles. The requirement was a key provision in the Youth Criminal Justice Act. The decision firmly entrenches in Canada the concept that young offenders do not have the moral culpability of adults and requires courts to recognize their different capacities.
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Tremaine Evans v. State of Ohio, Case No. CV-08 646797
Tags: Ohio | Sex Offender Registries | Court Decisions and Related Documents
Trial court opinion finding that Ohio's Adam Walsh Act is unconstitutional.
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Virginia Creates "Romeo and Juliet" Exception in Sex Offender Law, Virginia, S.B. 590/Chapter 877
Tags: Virginia | Sex Offender Registries | Legislation
Makes carnal knowledge a sexually violent offense only when the perpetrator is more than five years older than the victim and previously convicted of any two or more sexually violent offenses.
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United States of America v. Powers, Case No. 6:07:cr-221-Orl- 31KRS, United States District Court, Middle District of Florida, Orlando Division
Tags: Federal | Sex Offender Registries | Court Decisions and Related Documents
District court order finding that the Sex Offender Registration and Notification Act (SORNA) is unconstitutional because Congress does not have the power to legislate SORNA under the Commerce Clause of the constitution.
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Nevada's Sex Offender Laws Being Reviewed, Associated Press
Tags: Nevada | Sex Offender Registries | Media
Article about the Nevada legislature's response to a court finding that parts of the Adam Walsh Act are unconstitutional.
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For Little Children, Grown-Up Labels as Sexual Harassers, Brigid Schulte, The Washington Post
Tags: Sex Offender Registries | Media
Article about how “sexual touching” arising out of innocent childhood play can follow a child all the way through adolescence and into adulthood.
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New Registration Requirements for Juvenile Sex Offenders: The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, NJJN Fact Sheet
Tags: Federal | Sex Offender Registries | Reports | NJJN Publications
Fact sheet describing the Adam Walsh Act and the registration requirements for complying with the act.
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Adam Walsh Act Effects & Youth Sex Offenders, Presentation by Sarah Bryer to the American Bar Association
Tags: Federal | Sex Offender Registries | Presentations | NJJN Publications
Presentation including facts about juvenile sex offenders, details of Adam Walsh Act requirements for youth, recent state legislation of note, and options for action.
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Defendant's Reply, District Court, Family Division, Clark County, Nevada
Tags: Nevada | Sex Offender Registries | Court Decisions and Related Documents
Reply on behalf of defendant against court's refusal to find that juvenile sex offender notification and registry laws are unconstitutional as applied. Defendant's counsel argues that the effect of the laws is to criminalize behavior, which the in the vast majority of cases the child will outgrow and/or respond appropriately to treatment.
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Sex Offender Registries Called Too Harsh for Juveniles, Lisa Sandberg, Houston Chronicle
Tags: Texas | Sex Offender Registries | Media
Article about how the Texas legislature considered juvenile sex offender registration and notification laws too harsh.
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Defendant's Motion, In the Matter of N.R., Case No. J 304169, District Court, Family Division, Clark County, Nevada
Tags: Nevada | Sex Offender Registries | Court Decisions and Related Documents
Motion on behalf of a juvenile sex offender arguing that application of lifetime supervision, community notification and registration as a sex offender and the other restrictions on a juvenile pursuant to the Adam Walsh Act are punitive, extreme and counterproductive.
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Will States Say "No" to Sex Offender Registries?, John Gramlich, Stateline.org
Tags: Sex Offender Registries | Media
Article discussing state issues with being forced to comply with the Adam Walsh Act.
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More Harm than Good, Human Rights Watch, NJJN Teleconference PowerPoint
Tags: Federal | Sex Offender Registries | Presentations | Teleconference
Presentation by Sarah Tofte from Human Rights Watch that discusses the flaws of the Adam Walsh Act in terms of burdens on law enforcement, negative effects on youth and families, and compromises to public safety, and offering recommendations for federal and state policy.
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Juvenile Sexual Aggression Fact Sheet, Center for the Study and Prevention of Violence
Tags: Sex Offender Registries | Reports
Fact sheet discussing current research about aggression in youth who commit sex offenses.
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What Will it Cost States to Comply with the Sex Offender Registration and Notification Act?, Justice Policy Institute
Tags: Federal | Ohio | Virginia | Sex Offender Registries | Reports
Report providing a chart that shows that for all states, the first-year cost of implementing SORNA outweighs the cost of losing 10 percent of the state's Byrne Grant money (the consequence of not complying with SORNA by July 2009). The sheet also gives detailed information on the cost analyses performed by Ohio and Virginia.
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How the Adam Walsh Act Affects Juveniles, Sarah Bryer, National Juvenile Justice Network, Presentation to the National Conference of State Legislators
Tags: Sex Offender Registries | Presentations | NJJN Publications
PowerPoint presentation about youth sex offenders, the implications of the Adam Walsh Act and options for implementation of this act.
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Youth Who Commit Sex Offenses, NJJN Fact Sheet 2007
Tags: National | Sex Offender Registries | Reports | NJJN Publications
Fact sheet explaining differences between juvenile sex offenders and adult sex offenders.
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Turning Kids Into Sex Offenders, John Stossel, Townhall.com
Tags: Sex Offender Registries | Media
Article about how touching on the part of children can be construed as sexually offensive and turn an otherwise innocent child into an alleged sex offender.
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Illinois Amends Sex Offender Registration Act to Reduce Negative Impact on Youth, Illinois, Public Act 95-0658
Tags: Illinois | Sex Offender Registries | Legislation
Amends sex offender registration act to eliminate the provision that required youth adjudicated with a sex offense to register on the adult, public registry when they reached the state's age of criminal responsibility (17 years).
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No Easy Answers: Sex Offender Laws in the U.S., Human Rights Watch
Tags: Sex Offender Registries | Reports
Paper discussing the implications of Megan’s Laws and revealing that sex offender registration, community notification, and residency restriction laws are ill-considered, poorly crafted, and may cause more harm than good. Moreover, paper concludes that: (1) registration laws are overbroad in scope and overlong in duration, requiring people to register who pose no safety risk; (2) under community notification laws, anyone anywhere can access online sex offender registries for purposes that may have nothing to do with public safety (harassment of and violence against registrants have been the predictable result); and (3) in many cases, residency restrictions have the effect of banishing registrants from entire urban areas and forcing them to live far from their homes and families.
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How Can You Distinguish a Budding Pedophile from a Kid with Real Boundary Problems?, Maggie Jones, New York Times Magazine
Tags: Sex Offender Registries | Media
Cover story about the different reasons why youth might commit sex offenses, laws governing such acts, and how such youth should be handled.
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Indiana Limits Definition of Sex Offender to Protect Youth through "Romeo and Juliet" Law, Indiana, H.B. 1386
Tags: Indiana | Sex Offender Registries | Legislation
Protects consenting teenagers by revising the definition of a sex offender to exempt a person convicted of sexual misconduct with a minor as a Class C felony if the person is less than five years older than the victim and the court finds that the person should not be required to register as a sex offender.
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Arizona Improves Treatment of Juvenile Sex Offenders, Arizona, S.B. 1628
Tags: Arizona | Sex Offender Registries | Legislation
Improves the adjudication and treatment programs of youth sex offenders.
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Sexual Offense Adjudication and Sexual Recidivism Among Juvenile Offenders, Michael F. Caldwell
Tags: Sex Offender Registries | Reports
Study comparing the recidivism patterns of a cohort of 249 juvenile sexual offenders and 1,780 non-sexual offending delinquents who were released from secured custody over a two and one half year period. The prevalence of sex offenders with new sexual offense charges during the 5 year follow-up period was 6.8%, compared to 5.7% for the non-sexual offenders, a non-significant difference. Juvenile sex offenders were nearly ten times more likely to have been charged with a nonsexual offense than a sexual offense. Eighty-five percent of the new sexual offenses in the follow-up period were accounted for by the non-sex offending delinquents. None of the 54 homicides (including three sexual homicides) was committed by a juvenile sex offender. The implications of the results for recent public policy trends that impose restrictions that are triggered by a sexual offense adjudication are discussed.
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Sex Crimes Break the Lock on Juvenile Records, Martha T. Moore, USA Today
Tags: Sex Offender Registries | Media
Article discussing both the pros and cons of juvenile sex offender notification and registry laws.
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Action Alert Against Legislation that Puts Youth on Sex Offender Registries, National Juvenile Defender Center
Tags: Federal | Sex Offender Registries | Reports
Action alert from campaign to keep youth off of sex offender registries.
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Georgia Limits Felony Prosecutions for Juvenile Sex Offenders, Georgia, H.B. 1059
Tags: Florida | Sex Offender Registries | Youth in the Adult System | Legislation
Reclassifies felony sex offenses as misdemeanors for cases in which the victim is at least 13, and the person convicted of the crime is no more than four years older than the victim.
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Statement on Sex Offender Residency Restrictions, Iowa County Attorneys Association
Tags: Iowa | Sex Offender Registries | Reports
Paper discussing the negative consequences of juvenile sex offender residency restriction laws. Paper concludes that there is no correlation between residency restrictions and reducing sex offense against children or improving the safety of children.
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Kids as Young as 12 Are Being Put on the Kansas Sex Offender Web Site, KAKE News, Kansas
Tags: Kansas | Sex Offender Registries | Media
Story profiling the consequences of placing youth on sex offender registries.
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Letter to Congress About Pending Sex Offender Registry Legislation: H.R.3132 and S.1086, Association for the Treatment of Sexual Abusers
Tags: Federal | Sex Offender Registries | Reports
Letter calling for Congress to revise the Sex Offender Registration and Notification Act (SORNA) in the following ways: (1) Delete the requirement of lifetime registration for juvenile offenders, who are very different from adult sex offenders in both their development and their risk for reoffense; (2) Require or at least encourage states to adopt a tiered approach to identifying "high risk" offenders based on empirically-based risk factors, such that aggressive notification and internet disclosure would be reserved for high-risk sex offenders; (3) Allow a reasoned process for low-risk offenders to be removed from state and federal registries (4) Adopt a more accurate definition of the term "sexual predator" for the purposes of registration and notification.
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Testimony Against Wisconsin A.B. 99, Wisconsin Council on Children and Families
Tags: Wisconsin | Confidentiality | Sex Offender Registries | Reports
Testimony of Wendy Paget, calling for judicial review of any dissemination of juvenile records for sex offender registries.
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Action Alert on Wisconsin A.B. 99, Wisconsin Council on Children and Families
Tags: Wisconsin | Confidentiality | Sex Offender Registries | Reports
Action alert against a bill that would allow a sheriff or police to release information from the juvenile sex offender registry if they believe it is in the best interest of the public to receive this information. Alert states that juvenile records should remain sealed, with only judges able to determine the scope of dissemination of juvenile sex offender registry information.
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Talking Points on H.R. 3132 (the Children's Safety Act of 2005), National Juvenile Justice Network
Tags: Federal | Sex Offender Registries | Reports | NJJN Publications
Talking points asserting that the Act is too severe, bad for children, and harmful to public safety. Document offers recommendations to improve the Act.
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An American Travesty: Legal Responses to Adolescent Sexual Offending, Executive Summary, Franklin E. Zimring, Adolescent Development and Legal Policy Monograph Series
Tags: Sex Offender Registries | Reports
Summary of book about how Megan’s Law and other responses to youth who commit sex offenses are based on certain assumptions about adult offenders that don’t apply to youth offenders. Zimring finds that there has been virtually no scholarship or literature on youth sex offenders and considers the implications for policy and further research.
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Understanding Juvenile Sexual Offending Behavior: Emerging Research, Treatment Approaches and Management Practices, Center for Sex Offender Management
Tags: Sex Offender Registries | Reports
Brief discussing the current state of research on sexually abusive youth, legislative trends, and promising approaches to the treatment and supervision of these youth.