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Member |
Okay, I have decided to publicly air my ignorance. We have a juvenile who is about to be released from TYC (through regular methods, not by Mr. Kimbrough), who was placed there for indecency with a child by sexual contact. The trial court deferred the decision as to whether he should register as a sex offender until he is released. I am filing a motion to require registration, because I do not want to be the person who let this kid go in case he re-offends. My questions are (1) Isn't my burden of proof discharged by proving he was adjudicated for a offense that requires registration? (2) Do I serve this on the Juvenile Respondent? He had a court-appointed attorney and will no doubt have another one, but none of record right now. Thanks for indulging my stupidity. | ||
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Member |
1) No you also have to prove that the interests of the public require registration. I've only had two of these hearings but in both the victim's parents were willing to come back and testify and despite the psychologist saying that registration was not necessary, the court ruled it was in the interest of the public. Don't have the CCP in front of me but I think its section 62.351 or .352. 2) Yes the JR needs to be served and I serve the parents too if the JR is still under age. Hope this helps. If you need a motion/order, let me know and I'll try to dig one of my old ones up. | |||
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Member |
Thanks for the advice. From what I can gather, TYC is saying that he should register. I was just hoping not to have to try to get the TYC personnel up here to testify. | |||
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