SD-- Court says sex registry law unfair to juveniles

11-6-2008 South Dakota:

PIERRE, S.D. (AP) - The South Dakota Supreme Court has ruled that juvenile sex offenders are treated unfairly under the state's sex offender registry law.

South Dakota law requires offenders to register with law enforcement agencies after they are released from jail or prison. The information is made public to protect people from sex offenders.

The high court says the law in unconstitutional in the way it treats juvenile offenders more harshly than adults. That's because juveniles do not have the same chance to get their names removed from the sex offender registry. ..News Source.. by KCAU-TV9

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA
* * * *
THE PEOPLE OF THE STATE OF SOUTH
DAKOTA IN THE INTEREST OF Z.B., A MINOR CHILD
AND CONCERNING A.B. AND H.B., RESPONDENTS.
* * * *
APPEAL FROM THE CIRCUIT COURT OF
THE FOURTH JUDICIAL CIRCUIT
BUTTE COUNTY, SOUTH DAKOTA
STACI L. REINDL, FRANCY E. FORAL of
Reindl Law Attorneys for appellant Z.B.
-v-
LAWRENCE E. LONG, Attorney General
JOHN M. STROHMAN,Assistant Attorney General Attorneys for appellee

Z.B. admitted in juvenile court to committing two first degree rapes. At the time of these offenses, he was fifteen. He was court ordered to register as a sex offender. South Dakota law requires that Z.B. remain on the sex offender registry for life. Adults who commit the same offense may be able to have their names removed from the registry if they obtain a suspended imposition of sentence. There is no equivalent opportunity for juvenile offenders like Z.B. Accordingly, under the Equal Protection Clauses of the United States Constitution and the South Dakota Constitution, Z.B. and similarly situated juveniles are denied equal protection. We reverse.

For the remainder of the opinion: