Full Text of SB3084 96th General Assembly
SB3084sam001 96TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/1/2010
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| AMENDMENT TO SENATE BILL 3084
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| AMENDMENT NO. ______. Amend Senate Bill 3084 on page 1, | 3 |
| line 5, by inserting "3-5," after "3,"; and
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| on page 18, by inserting immediately below line 20 the | 5 |
| following: | 6 |
| "(730 ILCS 150/3-5) | 7 |
| Sec. 3-5. Application of Act to adjudicated juvenile | 8 |
| delinquents. | 9 |
| (a) In all cases involving an adjudicated juvenile
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| delinquent who meets the definition of sex offender as set
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| forth in paragraph (5) of subsection (A) of Section 2 of this
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| Act, the court shall order the minor to register as a sex | 13 |
| offender. | 14 |
| (b) Once an adjudicated juvenile delinquent is ordered to
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| register as a sex offender, the adjudicated juvenile delinquent
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| shall be subject to the registration requirements set forth in
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| Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
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| registration. | 3 |
| (c) For a minor adjudicated delinquent for an offense | 4 |
| which, if charged as an adult, would be a felony, no less than | 5 |
| 5 years after registration ordered pursuant to subsection (a) | 6 |
| of this Section, the minor may petition for the termination of | 7 |
| the term of registration. For a minor adjudicated delinquent | 8 |
| for an offense which, if charged as an adult, would be a | 9 |
| misdemeanor, no less than 2 years after registration ordered | 10 |
| pursuant to subsection (a) of this Section, the minor may | 11 |
| petition for termination of the term of registration. | 12 |
| (d) The court may upon a hearing on the petition for | 13 |
| termination of registration, terminate registration if the | 14 |
| court finds that the registrant poses no risk to the community | 15 |
| by a preponderance of the evidence based upon the factors set | 16 |
| forth in subsection (e). Notwithstanding any other provisions | 17 |
| of this Act to the contrary, no registrant whose registration | 18 |
| has been terminated under this Section shall be required to | 19 |
| register under the provisions of this Act for the offense or | 20 |
| offenses which were the subject of the successful petition for | 21 |
| termination of registration. This exemption shall apply only to | 22 |
| those offenses which were the subject of the successful | 23 |
| petition for termination of registration, and shall not apply | 24 |
| to any other or subsequent offenses requiring registration | 25 |
| under this Act. | 26 |
| (e) To determine whether a registrant poses a risk
to the |
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| community as required by subsection (d), the court shall
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| consider the following factors: | 3 |
| (1) a risk assessment performed by an evaluator
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| approved by the Sex Offender Management Board; | 5 |
| (2) the sex offender history of the adjudicated
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| juvenile delinquent; | 7 |
| (3) evidence of the adjudicated juvenile delinquent's
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| rehabilitation; | 9 |
| (4) the age of the adjudicated juvenile delinquent at
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| the time of the offense; | 11 |
| (5) information related to the adjudicated juvenile
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| delinquent's mental, physical, educational, and social
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| history; | 14 |
| (6) victim impact statements; and | 15 |
| (7) any other factors deemed relevant by the court. | 16 |
| (f) At the hearing set forth in subsections (c) and (d), a
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| registrant shall be represented by counsel and may present a
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| risk assessment conducted by an evaluator who is a licensed
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| psychiatrist, psychologist, or other mental health
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| professional, and who has demonstrated clinical experience in
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| juvenile sex offender treatment. | 22 |
| (g) After a registrant completes the term of his or her
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| registration, his or her name, address, and all other
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| identifying information shall be removed from all State and
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| local registries. | 26 |
| (h) This Section applies retroactively to cases in which
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| adjudicated juvenile delinquents who registered or were
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| required to register before the effective date of this
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| amendatory Act of the 95th General Assembly. On or after the
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| effective date of this amendatory Act of the 95th General
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| Assembly, a person adjudicated delinquent before the effective
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| date of this amendatory Act of the 95th General Assembly may
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| request a hearing regarding status of registration by filing a | 8 |
| Petition Requesting Registration Status with the clerk of the | 9 |
| court. Upon receipt of the Petition Requesting Registration
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| Status, the clerk of the court shall provide notice to the
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| parties and set the Petition for hearing pursuant to
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| subsections (c) through (e) of this Section. | 13 |
| (i) This Section does not apply to minors prosecuted under
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| the criminal laws as adults.
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| (Source: P.A. 95-658, eff. 10-11-07.)".
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