In re S.B., a Minor (The People of the State of Illinois v. S.B.)

Summary

The Illinois Supreme Court held that a juvenile found “not not guilty” of aggravated criminal sexual abuse after a discharge hearing under section 104-25(a) of the Code of Criminal Procedure must register as a sex offender under the Sex Offender Registration Act. The court further held that the juvenile may petition for removal from the registry under section 3-5 of the Act and that corresponding community-notification provisions apply. The court reversed the appellate court’s judgment and remanded the case.

Holdings

1. Section 104-25(a) of the Code of Criminal Procedure is incorporated into the Juvenile Court Act through the provision granting juveniles the procedural rights of adults, so a discharge hearing may be conducted when a juvenile is found unfit to stand trial.
2. A juvenile charged with a qualifying sex offense who is the subject of a finding not resulting in an acquittal at a section 104-25(a) discharge hearing is a sex offender under section 2(A)(1)(d) of the Sex Offender Registration Act and must register.
3. Section 3-5 of the Sex Offender Registration Act must be read to permit juveniles found 'not not guilty' after a discharge hearing to petition for removal from the sex-offender registry under the same statutory terms applicable to qualifying juvenile registrants.
4. Section 121 of the Sex Offender Community Notification Act must likewise be read to include juveniles found 'not not guilty' following a section 104-25 discharge hearing.

Questions Presented

1. Whether section 104-25(a) of the Code of Criminal Procedure of 1963 authorizes a discharge hearing in a juvenile proceeding when the minor is found unfit to stand trial.
2. Whether a juvenile found 'not not guilty' of a qualifying sex offense at a discharge hearing is a sex offender required to register under section 2(A)(1)(d) of the Sex Offender Registration Act.
3. Whether a juvenile found 'not not guilty' may petition for termination of sex-offender registration under section 3-5 of the Sex Offender Registration Act.
4. Whether section 121 of the Sex Offender Community Notification Act applies to juveniles found 'not not guilty' following a discharge hearing.

Disposition

reversed_and_remanded