TX- Registering youths debated

9-21-2009 Texas:

HOUSTON — Samantha Portwood is marking the days on her calendar until Sept. 30. That’s the day her 24-year-old son’s name and picture are expected to be removed from the state’s sex offender registry.

For the past decade, her son Dale has lived under public scrutiny for a crime he committed when he was 12. He inappropriately touched a 7-year-old girl at his baby sitter’s house and was charged with aggravated sexual assault. After completing two years of therapy and probation, Dale had to register as a sex offender, which shocked his parents.

“It frustrates me,” said Portwood, of Pinehurst in Montgomery County. “He was 12 years old when it happened. He’s not a threat to society.”

Her son isn’t alone. About 3,600 people on the state’s registry were added as juveniles, according to the Texas Department of Public Safety, which administers the registry. Eleven were 10 years old when they registered.

The registry has 26 juveniles who currently are 13 to 16, according to state records. Many people are not aware that juveniles can be registered as sex offenders in Texas. Legislators made registration required for adults and juveniles when they established the sex offender registry in 1991. Texas does not have a minimum age for juvenile registration, but 10 is the minimum age for prosecution.

Juvenile registration is a sensitive issue that’s been debated by lawmakers, child advocates and crime victim proponents for the past decade. Those who support it contend that the community has a right to know about dangerous sex offenders — adult or juvenile — for protection. Critics argue that the negative consequences on juveniles and their families far outweigh any benefits to the community. No research suggests that registration makes communities safer, they said.

Access to court records for juveniles with delinquent backgrounds are generally restricted to protect them from shame and to give them a fresh start. But anyone can access the state’s online sex offender registry and see the juvenile’s criminal charge.

The registry, which went online in 1997, also makes available the juvenile’s address, where he attends schools and annual mug shots.

“I feel like this is totally inconsistent with the way we as a society have determined is the right way to deal with juvenile behavior,” said Theresa Todd, director of the Texas Network of Youth Services. “To protect juveniles from public derision is our job.”

Laura Ahearn, executive director of Parents for Megan’s Law and the Crime Victims Center, disagreed.

“Once a juvenile introduces violence into sexual behavior, it’s hard to rehabilitate,” Ahearn said. “They are worthy of registration.”

Unlike adult sex offenders who must register for life, juvenile sex offenders are required to register for 10 years after they leave the juvenile system.

The vast majority of juvenile sex offenses are against other children, and the juvenile generally knows the victim, juvenile justice experts said.

Juveniles lack the maturity to manage their behavior because their brains are still developing, said Dr. Bob McLaughlin with ADAPT Counseling, a juvenile sex offender treatment provider in Houston. As a result, juveniles are more amenable to treatment than adult sex offenders and can be rehabilitated, he said.

Juvenile registration only makes treatment and rehabilitation much more difficult, experts said.

In some cases, juvenile sex offenders have safety zone stipulations as part of their probation, and they can’t go to certain places, such as parks or community centers. The restrictions can limit their social activities and job opportunities, which are key to their rehabilitation, McLaughlin said.

Allison Taylor, executive director of the Texas Council on Sex Offender Treatment, said restrictions are a mitigating factor when considering public policy on juvenile offenders.

“Anytime you destabilize adults or juveniles, you increase the risk of recidivism,” Taylor said. “That is a public concern.”

Portwood has spent 10 years trying to protect her son from being bullied and ostracized. She said she helplessly watched as Dale’s self-esteem diminished.

In high school, classmates called him a rapist and child molester behind his back. He dropped out in the 10th grade.

“He came to me and said, ‘Mom, I can’t take it anymore,’” she said. “He said, ‘Do people look at me and think I’m a monster?’ What do you tell him?”

Portwood said she knows Dale’s actions were morally wrong but believes it didn’t merit him being labeled a sex offender.

His road to adulthood has been rocky. He has never had a steady job. He briefly got mixed up with drugs about two years ago and moved out of his parents’ house.

Failure to report a change of address, a registry rule, landed him in prison last year. He was released on parole in March and is living outside Austin, trying to get his life back on track.

Dale, who did not want his last named used, to protect his identity, said that at 12 he did not realize what he did was wrong. He said he never was a sexual predator and feels like registration robbed him of his childhood because his life was filled with constant embarrassment.

Nearly every legislative session, Texas lawmakers have tweaked the sex offender registry law. A major change came in 2001, giving judges discretion in handling juvenile registration.

Judges have three options. They can waive registration or remove juveniles from the registry. The juvenile must petition the court for removal. Judges also can defer making a decision until after the juvenile successfully completes therapy. Those who work closely with juvenile courts say judges often chose to defer registration. ..Source.. by RENÉE C. LEE - Houston Chronicle