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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1449 By: Garvin
AS INTRODUCED
An Act relating to juvenile sex offenders; amending
10A O.S. 2021, Sections 2-8-104 and 2-8-108, which
relate to juvenile and adult sex offender registries;
requiring inclusion of certain juveniles on juvenile
sex offender registry; modifying requirements of
certain evaluation; authorizing court to remove
registration of juvenile after cer tain evaluation;
authorizing victim or representati ve to petition for
transfer of person from juvenile to adult sex
offender registry; increasing allowable time period
for filing of certain petition; modifying
requirements for removal from certain re gistry;
updating statutory language and reference; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -8-104, is
amended to read as follows:
Section 2-8-104. A. When a person meets the definition of a
juvenile sex offender pursuant to Section 2 -8-102 of this title, the
district attorney may make an application to shall include the
juvenile in the juvenile sex offender registry. Upon the
application of inclusion of the juvenile on the juvenile sex
offender registry by the district attorney , the court shall appoint
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two persons who are qualified sex offender treatment profess ionals
to evaluate the juvenile and report to the court on the treatment
prognosis and likelihood that the juvenil e offender represents an
ongoing serious or aggressive thre at to the public or children under
sixteen (16) years of age . One appointee shall be currently
licensed as a physician or psychologist in Oklahoma this state with
a minimum of two hundred (200) hours of cl inical experience in
juvenile sex offender treatment. Other criteria for qualifying as a
sex offender treatment professional shall include, but not be
limited to, current licensure as a medical or mental h ealth
professional with a minimum of two hundred ( 200) hours of clinical
experience in juvenile sex offender tr eatment, or current licensure
as a medical or mental health professional with a min imum of two (2)
years’ combined clinical experience in child a buse treatment, child
or adolescent anger manageme nt treatment, juvenile delinquency or
criminal behavior treat ment, sexual abuse treatment, child or
adolescent psychology, or therapeutic social work. A list of sex
offender treatment professionals meeting the established crite ria
shall be provided to eac h district court by the Office of Juvenile
Affairs. Where professionals are appointed to conduct an evaluation
in such cases, the court may set reasonable compensation and order
the payment out of the cour t fund. In the event two qualified sex
offender treatment professionals are not available to the court to
evaluate the juvenile sex offender, the Office of Juvenile Affairs
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may, at the court’s request, select additional qualified sex
offender treatment pr ofessionals employed b y the agency to assist
with the evaluation report.
B. The court shall, after considerati on of the evaluation
report required by subsection A of this section, make a findin g of
whether the juvenile offender represents an ongoing serio us or
aggressive threat to the public or children under sixteen (16) years
of age. If the court finds the juve nile represents does not
represent such threat, the court shall order the juvenile to
register be removed from registration on the juvenile sex o ffender
registry as provided in this act the Juvenile Sex Offender
Registration Act.
C. The court, in its discretion, may order information on any
juvenile sex offender released from the juvenile sex o ffender
registry to any person or t o the public at large when the evaluation
report considered by the co urt indicates a likelihood of an ongoing
serious or aggressive threat to the public or children under sixteen
(16) years of age. If the court orders re lease of this information
to the public at large, it shall promptly be made available for
public inspection or copying pursuant to rules promulgated by the
Office of Juvenile Affairs. If the court orders the release of this
information through community n otification, the notification shall
be carried out by the local law enforcement authority applicable to
the person’s residence.
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D. The court may rev iew the treatment prognosis of any
registered juvenile sex offender at any time and may, in its
discretion, order release of additional inform ation from the
juvenile sex offender registry, as deemed appropriate for the
protection of the public.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 2 -8-108, is
amended to read as follows:
Section 2-8-108. When a registered juvenile sex offender
reaches twenty-one (21) years of age or is otherwise released from
the custody of the Office of Ju venile Affairs, the district
attorney, the victim or representative of the victim may petition
the court to transfer the person ’s registration to the adult sex
offender registry maintained by the Department of C orrections,
subject to the provisions of Sect ion 581 et seq. of Title 57 of the
Oklahoma Statutes. After notice, if the court determines at a
hearing that the person who is registered on the juvenile sex
offender registry is likely to or does pose an ongo ing serious or
aggressive threat to the publi c or children under sixteen (16) years
of age, the court shall order that the delinquent act be deemed an
adult criminal conviction for the purpose of registrati on,
notification, and public information access pu rsuant to Section 581
et seq. of Title 57 of the Oklahoma Statutes. If no petition is
filed within ninety (90) one hundred eighty (180) days following the
twenty-first birthday of the person or the date of release from
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custody, or if the court determines the person is not likely to or
does not pose an ongoing serious or aggressive threat to the public
or children under sixteen (16) year s of age, the juvenile’s name and
information shall be deleted from the juvenile sex offender
registry, and the person may not be included in the adult sex
offender registry.
SECTION 3. This act shall become effective November 1, 2022.
58-2-2356 TEK 1/19/2022 5:46:00 PM