The bill H. 3140 aims to amend the South Carolina Code of Laws by adding Section 23-3-464, which establishes a procedure for certain registered juvenile sex offenders to petition for removal from the sex offender registry upon reaching the age of twenty-one and being released from custody. The Family Court will hear these petitions, with a limit of one petition per month in the first year after the bill's enactment. The court will assess whether the individual poses an ongoing serious threat to the public; if not, the individual will be removed from the registry. The burden of proof lies with the petitioner, who must provide clear and convincing evidence, and the court may impose conditions such as treatment for removal.

Additionally, the bill allows for juveniles aged thirteen and older who have been adjudicated delinquent for certain offenses to be placed on the sex offender registry at the discretion of the Family Court. This determination can be made after adjudication and may be held in abeyance until the completion of a sex offender treatment program. The court will consider various factors, including the likelihood of reoffending and the age of the juvenile at the time of the offense, when making its decision. The bill seeks to balance public safety with the rehabilitation of juvenile offenders.

Statutes affected:
12/05/2024: 23-3-464
Latest Version: 23-3-464