The mandatory registration of juvenile sex offenders and commitment of juveniles as sexually violent predators: Controversies and recommendations*

Abstract

This chapter explores the potential risks of cataloging a database of information about juveniles as it relates to sex offenders and their offenses. The information gathered during a juvenile offender's incarceration can be used to identify mental illness, to individualize mental health treatment, to link the juvenile with a variety of treatment resources, and to plan for future mental health treatment after the juvenile offender leaves a correctional facility. The immediate goal of each of these data utilization venues is the provision of appropriate and successful mental health treatment. The ultimate goal of these venues is to prevent future recidivism. Although juvenile offenders are presumed to benefit from assessment and treatment, the protection of society from further harmful acts is inherent in both of these goals. The evaluation of juvenile sex offenders is particularly fraught with implications for society as well as for the juvenile's future life. Significant recidivism is common in adult sex offenders (Prentky, 1997) and has also been encountered among the juvenile sex offender population (Worling, 2000). Because of these high recidivism rates, numerous jurisdictions and the federal government have enacted laws aimed at preventing recidivism and protecting the public at large from future victimization once sex offenders are released from custody. Information gathered from juvenile sex offenders, including the presence of sexual disorders (i.e., paraphilia), conduct disorder, other mental illness, or prior sexual assaults not known to the criminal justice system, can be used to trigger a juvenile's referral to a sex-offender registry or to a civil commitment process commonly known as sexually violent offender (SVO) or sexually violent predator (SVP) commitment. Frequently, these laws have been the subject of controversy, especially when applied to juvenile offenders, and have been challenged in both state and federal courts. This chapter will review two types of these laws: laws requiring sex offender registration with or without community notification, and laws committing sex offenders to sex offender treatment at the time they are released from incarceration. Problems associated with the application of these laws to juveniles will also be discussed. Language: en