Mark Walker

mwalker@argusleader.com

Amid a national debate on whether or not juvenile offenders belong on the sex offender registry, officials in South Dakota say it’s time to review the state’s practices.

A Pew Charitable Trusts report says South Dakota is among 15 states who post juvenile offenders’ names, addresses and photos online.

State Rep. Peggy Gibson, a Democrat from Huron, said teens should not be subjected to the shame that comes with being labeled a sex offender at such a young age.

“To stigmatize them for the rest of their lives is cruel and unusual punishment,” Gibson said.

The Pew study says Oregon and Delaware lawmakers have given judges more power to review who goes on the registry. In Pennsylvania, the lifetime registration for juveniles has ended.

Gibson says state officials need to review some of these practices and determine what could be done to keep teenagers off the registry.

An attempt at change

About six years ago, state lawmakers attempted to overhaul the sex offender registry by implementing a tier system.

Under the reformed system, those convicted of rape or other severe crimes would be placed on the Tier III of the registry for life.

Those convicted of crimes on Tier II, such as possession or sale of child pornography, would have to be on the list for at least 25 years before they could petition for removal.

People convicted of less severe crimes, such as indecent exposure or statutory rape, could end up on Tier I for at least 10 years.

“We evaluated the juveniles on the sex offender registry and we left on the most serious juvenile offenders,” Attorney General Marty Jackley said.

Many of the teens taken off the registry following the review were facing misdemeanor charges like indecent exposure, Jackley said.

But some say even the 10-year stint can cause problems.

Kristi McLaughlin, executive director of the South Dakota Peace and Justice Center, said teens are applying for colleges and looking to start their careers during that period. She said the stigma sets them back years.

“I think the damage has been done,” McLaughlin said. “He or she is going to struggle finding a job that will accept them and finding a community that will accept them.”

A case by case approach

Minnehaha County State’s Attorney Aaron McGowan said some type of judicial discretion should be in place for juveniles charged with sex offenses.

McGowan said factors such as the age of the juvenile at the time of the offense, the age of the victim and the likelihood of rehabilitation need to be considered.

“I believe these should be reviewed on a case by case basis,” McGowan said.

State Rep. Kris Langer said she sees both sides of the argument for placing juvenile offenders on the registry.

Even so, Langer said placing a teenager involved in a consensual “Romeo and Juliet” case on the registry side-by-side with someone who might have committed a more heinous sex assault is harsh.

Langer, who also serves on the state judiciary committee, said a judge ideally would consider the facts and circumstances of each case individually when deciding who goes on the registry. But she acknowledged that would be tough to pull off.

“That’s something we can take a look at and see if change needs to be made,” said Langer, a Republican from Dell Rapids.

Taking juveniles off sex offender registry unlikely

It’s hard for Jackley to see South Dakota move toward not placing juveniles on the sex offender registry. He said parents across the state want to know if a person convicted of a sex crime, even if that person is a juvenile, is living in their neighborhood.

In 2010, Jackley said he heard testimony from parents who spoke of cases involving consensual sex among teenagers and the effect it has on their lives.

Jackley said the tier system works fine, but he is open to future discussion about whether the current policies are fair to both juveniles and the public.

“We need to be fair to juveniles while equally balancing protecting the public and children,” Jackley said.

State Sen. Craig Tieszen said he’s sympathetic to many of the arguments for not putting juveniles on the sex offender registry.

Tieszen, a Republican from Rapid City, said he would be willing to shorten the length of time a juvenile convicted of statutory rape must wait before applying to be removed from the registry.

Or, at the very least, he is willing to work toward creating a process that is a little fairer to juvenile offenders.

“I remain hopeful that people can come to a thoughtful decision on these things, rather than have the 'lock them up and throw away the key' mentality,” Tieszen said.