Reference is to Printer's Date 5/4/16-H.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-462.
(A) 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. In the first year after this section takes effect,
the Family Court is limited to hearing only one petition each
month. 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.
(B) Notwithstanding
Section 23-3-430, a child thirteen years of age or older who has
been adjudicated delinquent by a family court in this State for
an offense described in Section 23-3-430, with the exception of
Sections 16-3-652, 16-3-653, 16-3-654 and Section 16-3-656 when
the assault was with the intent to commit, Sections 16-3-652,
16-3-653, and 16-3-654 which require mandatory sex offender
registration, may be required to register pursuant to the
provisions of this article. The family court shall use its
discretion to determine whether a juvenile is placed on the sex
offender registry and required to comply with registration
requirements. The determination to place the juvenile on the
sex offender registry may be after adjudication and held in
abeyance until a sex offender treatment program is completed.
In making this determination, the court shall consider:
(1)
the likelihood the juvenile will reoffend, based on a
psycho-sexual risk assessment and evaluation by a licensed
clinical psychologist or licensed psychiatrist employed by the
Department of Juvenile Justice. The Circuit Solicitor's Office,
Attorney General's Office, or the juvenile also may have an
independent psycho-sexual risk assessment evaluation by a
licensed psychologist or psychiatrist;
(2)
the age of the juvenile at the time of the offense;
(3)
mitigating factors;
(4)
aggravating factors including, but not limited to, use of
force or weapons;
(5)
prior adjudications; and
(6)
other factors the court considers relevant."
Renumber sections to conform.
Amend title to conform.