Governor nixes juvenile registry plan
For the second time in two years, Gov. Rod Blagojevich vetoed a bill that would have allowed a judge's discretion to eventually remove juveniles guilty of sex crimes from state's Sex Offender registry if they pose no further danger to the public.
"I am concerned that this bill condones leniency toward sex offenders," read part of Blagojevich's veto message to lawmakers Friday.
Had it become law, juvenile offenders guilty of a felony would be able to petition a judge for removal from the list five years after being sentenced. Juveniles guilty of misdemeanors would be able to petition within two years of sentencing.
Currently, the names of juveniles who commit sex crimes are on a separate list if they are under 16. The list only available to law enforcement, schools and day care organizations.
Once offenders turn 17, they must register for the adult list, which is available to the public. This change took effect on Jan. 1, 2006.
The legislature can address the issue in its November veto session. Blagojevich's action means a challenge to the law's constitutionality will proceed.
Geneva defense attorney D.J. Tegeler has argued his case before the 2nd District Appellate Court. Tegeler represents a Northern Fox teen who was accused of a sex crime when he was 13.
The boy, now over 17, took part in a ding-dong ditch prank in which he grabbed the breasts of a girl who also was 13 and then ran away.
He pleaded guilty and has been a model citizen ever since, Tegeler said. A judge has issued a temporary restraining order preventing the Illinois State Police from releasing his name until the case is decided.
Tegeler argues juveniles shouldn't be branded forever as adults. He hoped Blagojevich would have signed the bill.
"It protects society and allows (my client) to go on with his life, too," Tegeler said.
Tegeler predicted more cases could go to trial, which could lead to juvenile victims being forced to take the witness stand and re-live the crime.
"I find it unique that our governor has stated he wants to protect children. On two cases, the state legislature has attempted to do that for juvenile offenders and juvenile victims and on two cases the governor has rejected that," Tegeler said.
Blagojevich also vetoed a similar measure last summer. Monday was the deadline for him to sign, veto or change the bill.
Advocates for public registration say parents have a right to know who their children are dating and who is living next door.
Currently, people can only find out about a sex offender younger than 17 if they can prove to police you or your child might be at risk from the offender.
Research suggests the majority of juvenile sex offenders will not grow into adult offenders. With treatment, juveniles have a recidivism rate of between 7 percent and 13 percent within five years of their arrest, according to a 2002 study by the U.S. Department of Justice's Center for Sex Offender Management. Adult offenders have a recidivism rate of 13 percent to 23 percent for sex-related crimes.