§ 10A-2-8-104. Application register - Criteria for qualifying - Court order.  


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  • 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 include the juvenile in the juvenile sex offender registry.  Upon the application of the district attorney, the court shall appoint two persons who are qualified sex offender treatment professionals to evaluate the juvenile and report to the court on the treatment prognosis and likelihood that the juvenile offender represents an ongoing serious or aggressive threat to the public or children under sixteen (16) years of age.  One appointee shall be currently licensed as a physician or psychologist in Oklahoma with a minimum of two hundred (200) hours of clinical 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 health professional with a minimum of two hundred (200) hours of clinical experience in juvenile sex offender treatment, or current licensure as a medical or mental health professional with a minimum of two (2) years’ combined clinical experience in child abuse treatment, child or adolescent anger management treatment, juvenile delinquency or criminal behavior treatment, sexual abuse treatment, child or adolescent psychology, or therapeutic social work.  A list of sex offender treatment professionals meeting the established criteria shall be provided to each 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 court 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 may, at the court’s request, select additional qualified sex offender treatment professionals employed by the agency to assist with the evaluation report.

    B.  The court shall, after consideration of the evaluation report required by subsection A of this section, make a finding of whether the juvenile offender represents an ongoing serious or aggressive threat to the public or children under sixteen (16) years of age.  If the court finds the juvenile represents such threat, the court shall order the juvenile to register on the juvenile sex offender registry as provided in this act.

    C.  The court, in its discretion, may order information on any juvenile sex offender released from the juvenile sex offender registry to any person or to the public at large when the evaluation report considered by the court 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 release 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 notification, the notification shall be carried out by the local law enforcement authority applicable to the person’s residence.

    D.  The court may review the treatment prognosis of any registered juvenile sex offender at any time and may, in its discretion, order release of additional information from the juvenile sex offender registry, as deemed appropriate for the protection of the public.

Added by Laws 2001, c. 341, § 4, eff. July 1, 2001.  Amended by Laws 2002, c. 164, § 3, eff. July 1, 2002; Laws 2009, c. 234, § 104, emerg. eff. May 21, 2009.  Renumbered from § 7308-1.4 of Title 10 by Laws 2009, c. 234, § 191, emerg. eff. May 21, 2009.