Anyone had this come up yet....
After deferral of registration and treatment, a hearing is held ordering non-public registration. After child turns 18 (and no longer on probation) RSOTP decides he needs PUBLIC registration, due to failure to successfully complete treatment and risks. Besides being over 18, the code doesn't address allowing another hearing after non-public registration is ordered, to change it to public.
Laticia Fuhr, Asst. DA
A juvenile can come back to get off the list if the juvenile completes counseling with an RSOTP, but does anyone know of authority that allows the state to come back and put the juvenile on the public registration list? It looks like there is no jurisdiction because he is over 18, and res judicata because the judge already ordered private registration (not deferral of decision). Is there something missing that would change this analysis?
I haven't had it come yet, but as I read 62.13 CCP, over 18 is no longer an issue... (b)jursidiction is specifically extended to deal w/this issue & I believe subsection (j)contemplates another hearing upon either successful or unsuccessful completion of the program. hope this helps.
Assuming this is not a Determinate Sentencing case where the juvenile has been transferred to the adult District Court, once the juvenile turns 18 the State loses jurisdiction to file a motion regarding the sex offender registration. 62.13(b) contemplates the juvenile's ability to file a motion after 18 but not the State.
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