SB2151sam001 97TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 4/1/2011

09700SB2151sam001 LRB097 09724 RLC 53753 a

AMENDMENT TO SENATE BILL 2151

AMENDMENT NO. ______. Amend Senate Bill 2151 on page 7, line 12, by replacing "sexual exploitation" with "felony sexual exploitation"; and

on page 9, by inserting immediately below line 17 the following:

"(k) Waiver of prohibition.

(1) A person who is an adjudicated juvenile delinquent child sex offender covered by this Section may, no less than 10 years after adjudication, petition for a waiver from the prohibitions of this Section.

(2) The court may upon a hearing on the petition for waiver of prohibitions, grant a waiver from the prohibitions of this Section to the person if the court finds that the person does not pose a risk to the community by a preponderance of the evidence based upon the factors set forth in paragraph (3) of this subsection (k).

(3) To determine whether a person seeking a waiver from the prohibitions of this Section poses a risk to the community, the court shall consider the following factors:

(A) a risk assessment performed by an evaluator approved by the Sex Offender Management Board;

(B) the sex offender history of the person;

(C) evidence of the person's rehabilitation;

(D) the age of the person at the time of the offense for which the person was adjudicated as a juvenile delinquent child sex offender;

(E) information related to the person's mental, physical, educational, and social history;

(F) victim impact statements; and

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

(4) At the hearing, the person 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 sex offender treatment.".