In the Interest of Justin B.

Summary

The South Carolina Supreme Court affirmed a family court’s order requiring a juvenile adjudicated delinquent for first-degree criminal sexual conduct to register as a sex offender and wear an electronic monitor for life. The court held that the registration and monitoring requirements are nonpunitive and rationally related to the legislative purposes of protecting the public and assisting law enforcement. The court rejected arguments based on juvenile status, Roper v. Simmons, parens patriae, the Children’s Code, and the public availability of registry information.

Holdings

1. The statutory requirements that adults and juveniles who commit criminal sexual conduct with a minor register as sex offenders for life and wear an electronic monitor are not unconstitutional.
2. Roper v. Simmons does not change the constitutional analysis of mandatory lifetime juvenile sex-offender registration or electronic monitoring.
3. The parens patriae doctrine is not a constitutional basis for invalidating the statutory registration and monitoring requirements.
4. The mandatory registration and electronic-monitoring provisions do not conflict with the Children's Code in a manner that renders them unconstitutional.
5. The public availability of Justin B.'s registry information does not change the constitutional analysis or establish a protected liberty or property interest in reputation.

Questions Presented

1. Whether mandatory lifetime sex-offender registration for a juvenile adjudicated delinquent for criminal sexual conduct with a minor in the first degree is unconstitutional.
2. Whether mandatory lifetime registration and electronic monitoring of a juvenile violate the reasoning of Roper v. Simmons.
3. Whether the requirements violate or conflict with the doctrine of parens patriae or the purpose of the South Carolina Children's Code.
4. Whether public availability of Justin B.'s registry information distinguishes his case from In re Ronnie A. and creates a constitutional due-process or reputation-based liberty interest.

Disposition

affirmed