I am not familiar with this situation. In 2003 a juvenile pled to Indecency with a Child and was placed on probation until his 18th birthday. He is now turning 18 very soon. The question being asked of me is does the State (DA's Office) want him to have to register. The director of his sex offender treatment provider and his juvenile probation officer do not think he should have to register. The DA's office does think he should have to register. The juvenile probation officer says that a motion needs to be filed under CCP 62.12. That article has been repealed. I am told I have to file a motion soon and I do not have a clue what it should say. Am I making sense to anyone. Please help if you can.
I think what you are looking for is now in 62.352(c) CCP.
If the Judge deferred the registration, then you will need to file a motion if you want to have him register after he completes sex offender counseling. The age of 18 requirement is no longer part of the deferral requirements.
If the Judge didn't sign an order deferring then he is already required to register, under the old statute or this one.
I probably have a motion I can dig up and email you. Just let me know if you still need it after looking at 62.352.
[This message was edited by Stacey L. Brownlee on 01-02-07 at .]
What do you mean when you state that the age of 18 requirement is no longer part of the deferral requirements? I'm in a similar situation as Allison. I have a kid coming up quickly on his 18th birthday and was under the understanding that we must file the motion and have it heard before his 18th birthday. Am I incorrect?
Thank you Stacey. After reading Article 62.352(c), I believe the juvenile in my case is exempt from registration unless the state files a motion for a hearing. If you have a form for such a motion I would greatly appreciate it. My email is email@example.com
I think it may depend on when your kid got his "deferral". I have never been able figure out all the retroactive rules and when something is retroactive and when its not. But I think you must follow the rules that were in place when the kid got the deferral. Now under the new statute, 62.352 (which I think came into effect 2003 but it may have been 2005 I'd have to go back and look)the age of 18 is not the determining factor its if the kid completed the sex offender therapy. Now for 90% of our cases that is going to be 18, but many of my sex cases are determinates that go beyond 18 so 18 is not necesarily the magic age anymore.
Now that I've gone back and looked at the old statute (62.13) it doesn't look like 18 was a "magic" age there either.
Allison, I sent you the motion that I have and I have a copy of 62.13 if you need that too.
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