Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-462.
When a registered juvenile sex offender reaches twenty-one
years of age and is released from the custody of the Department
of Juvenile Justice, South Carolina Department of Corrections,
or South Carolina Probation, Parole, and Pardon Services, the
person may petition the family court to remove the person's
requirement to register as a sex offender. If the Family Court
determines at a hearing that the person who is registered as a
juvenile sex offender is likely to or does pose an ongoing
serious or aggressive threat to the public, the court shall
order that the delinquent act be deemed an adult criminal
conviction for the purpose of registration, notification, and
public information access pursuant to Article 7, Chapter 3,
Title 23. If the Family Court determines the person is not
likely to or does not pose an ongoing serious or aggressive
threat to the public, the juvenile is no longer required to
register as a sex offender and his information must be deleted
from the sex offender registry. The Attorney General or Circuit
Solicitor shall have the right to be heard and the right to have
the person assessed. The burden of proof is on the petitioner
which must be proven by clear and convincing evidence. The court
shall have the discretion to order treatment or any other
relevant items as a condition of removal. The petitioner cannot
reapply for three years if denied unless otherwise ordered by
the court.
In considering the petition, the court
shall consider:
(1) the likelihood the
petitioner will reoffend, based on a risk assessment or an
evaluation by a mental health professional, the cost of which
shall be borne by the petitioner unless the petitioner is
indigent;
(2) the age of the
petitioner at the time of the offense;
(3) mitigating factors,
including whether the petitioner has completed any treatment
programs;
(4) aggravating factors
including, but not limited to, use of force or weapons;
(5) any assessments of
the person performed at the request of the Attorney General or
Circuit Solicitor; and
(6) other factors the
court considers relevant." /
Renumber sections to conform.
Amend title to conform.