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DE HB137
Bill
Status
5/26/2011
Primary Sponsor
John Kowalko
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AI Summary
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Grants Family Court discretion to determine sex offender registration and community notification requirements for juveniles who were under 14 at the time of the offense or over 14 but did not commit the most serious offenses listed in §§771-778 of Title 11
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Requires mandatory sex offender registration for juveniles 14 or older who commit serious offenses enumerated in §§771-778 (such as rape, sexual exploitation of a child), with no judicial discretion to modify requirements
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Mandates that before sentencing any juvenile adjudicated delinquent of a sex offense, the court must receive a comprehensive evaluation, risk assessment, and treatment recommendations from a certified mental health professional specializing in juvenile sex offenders
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Allows courts to consider factors including risk to victims and community, impact of registration on the victim, likelihood of rehabilitation, and adverse impact of public registration on the juvenile when exercising discretion
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Maintains compliance with the federal Adam Walsh Child Protection and Safety Act while providing courts flexibility for less serious juvenile sex offenses
Legislative Description
An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Certain Offenses.
Last Action
Reported Out of Committee (JUDICIARY) in House with 8 On Its Merits
6/1/2011