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DE HB137

Bill

Status

Introduced

5/26/2011

Primary Sponsor

John Kowalko

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Judiciary5/26/2011

Full Bill Text

No bill text available