1. Project off the record: juvenile sex offender registry termination in illinois
Jessica McConville, LCPC, LASOP
Clinical Probation Officer
Cook County Juvenile Court (Chicago, IL)
Lizzy Ullman, Attorney
Children and Family Justice Center at Northwestern Pritzker School of Law
Bluhm Legal Clinic (Chicago, IL)

2. Presentation overview
A Brief History of Juvenile Sex Offender (JSO) Registration Laws in Illinois and Project Off the Record (“POTR”)
The POTR Process (Legal and Clinical)
Discussion of Challenges We’ve Faced (Legal and Clinical)
Q&A

3. The beginning of project off the record

4. Juvenile registrants removed from the registry via hearing
YEAR
NUMBER
2002 1
2008 19
2009 21
2010 28
2011 24
2012 27
2013 29
2014
2015 40
2016 36
2017
13 (through 3/7/17)

5. Number of Illinois juvenile registrants added to registry per year since 2005
203
2006
184
2007
156
2008
2009
171
2010
151
2011
120
2012
145
2013
127
2014
136
2015
150
2016
139
2017
16 (through 3/7/17)

6. POTR: The Process STEP 1: STEP 2: STEP 3: STEP 4:
NORTHWESTERN RECEIVES REFERRAL +
DOCUMENT AND INFORMATION GATHERING
STEP 2:
NORTHWESTERN REFERS TO PROBATION DEPARTMENT (CCJCC) FOR UPDATED RISK ASSESSMENT
STEP 3:
NORTHWESTERN DRAFTS PETITION AND ARGUES IN COURT
RULING BY JUDGE
STEP 4:
NORTHWESTERN SENDS ORDER TO ISP
ADDRESS REMAINING COLLATERAL ISSUES

7. The Illinois registry removal process
(e) To determine whether a registrant poses a risk to the community as required by subsection (d), the court shall consider the following factors:
(1) a risk assessment performed by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act;
(2) the sex offender history of the adjudicated juvenile delinquent;
(3) evidence of the adjudicated juvenile delinquent's rehabilitation;
(4) the age of the adjudicated juvenile delinquent at the time of the offense;
(5) information related to the adjudicated juvenile delinquent's mental, physical, educational, and social history;
(6) victim impact statements; and
(7) any other factors deemed relevant by the court. 
730 ILCS 150/3-5(e)-(f)

8. The Risk ASSESSMENT
Risk assessment is a clinical evaluation weighing the statutory factors enumerated in 730 ILCS 150/3-5.
Evaluator must be a licensed under the Sex Offender Evaluator and Treatment Provider Act
Registrant must pose “no risk to the community by a preponderance of the evidence” for the Court to consider removal

9. The Risk Assessment
There are presently no empirically validated, actuarial instruments that can be used to reliably pinpoint the risk of a “JSO” re-offending as an adult.
Evaluator considers risk factors for adolescent and adult sexual reoffending that have been identified through research and expert clinical opinion.
The final estimate of risk is a clinical judgment.

10. The Risk Assessment Process
Record Review
Juvenile court and probation files
JSO treatment logs and discharge summary
Initial JSO assessment
Criminal records and arrest reports
Proof of high school diploma/G.E.D.
Proof of school enrollment
Proof of employment
Other counseling records
Sex Offender Registration history
Not all of this info may be accessible to evaluators- we have a unique role gathering this information

11. The Risk Assessment Process
Gather social history through clinical interviews
Discuss how registration impacts person
How would their life be different?
Updated social history information
What have they learned from treatment?
Identifying personal strengths

12. The Risk Assessment Process
Collateral interview
Parent, friend, roommate, intimate partner who has knowledge of their registration status
Reference individual’s character
Observed impact and consequences that the registration has on their loved one

13. The Risk Assessment Process
Writing the report
Outline observed protective factors and risk factors provided by research
Highlight the high-risk factors that are NOT present
Note that research suggests that most adolescents will NOT sexually re- offend following treatment
Provide a risk for sexual reoffending as an adult (low, moderate, high)
Evaluator does not provide a recommendation

14. Examples of Risk Factors
Incomplete sex offender treatment
Deviant sexual preference
Multiple victims
Stranger victim
Social isolation/Emotional Loneliness
Antisocial Personality Traits
Callous and unemotional attitudes
Poor impulse control and/or problem solving skills
Negative social influences
Sexual preoccupation
Substance abuse

15. Examples of Protective Factors
Successful completion of sex offense treatment
Victim reunification treatment
Strong support network
Stable and long-term intimate relationships
Stable employment and housing
Healthy coping mechanisms
Pro-social interests and activities
Pro-social peers
Positive school experiences

18. Challenges Inability to suggest a person is “no risk”
Lack of empirically validated instruments to predict adult re-offending by an adolescent offender
Testifying in court
Limited records
Client’s ongoing denial
Additional convictions
Failure to register
Personal bias about registration when evaluating
Sentencing hearings bank on “option for removal”

19. Benefits Many Cook County Juvenile Court Judges support removal
Provide hope to youth who are currently registering
Essentially decreasing individual’s risk due to:
Less social stigmatization
Greater job prospects
Less social isolation
Decreased housing restrictions
Ability to attend college of choice
Less barriers to having an intimate relationship
Ask audience about other Judges perspectives, Diversion program, reduced to battery, support kids in the community, goal to not send kids to JDD unless they are a threat to public safety, bring in community partners, individual, group, national research supports most kids are low risk unless there is evidence to suggest they are not, we don’t need to keep using tools to prove our point

20. Collateral and unique issues
Private criminal registration sites
Moving between states
General Registry Advice and Advocacy
Failure to Register Issues
Juveniles tried as Adults (and adjudicated)

21. Registration of Serious Juvenile Sex Offenders
Source: Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Summary (March 2015)

22. The next step: from Project off the record COOK COUNTY  project off the record STATE WIDE
(f) At the hearing set forth in subsections (c) and (d), a registrant shall be represented by counsel and may present a risk assessment conducted by an evaluator who is licensed under the Sex Offender Evaluation and Treatment Provider Act.
730 ILCS 150/3-5(e)-(f)

23. In any stage, what can you do TO MAKE REMOVAL MORE LIKELY?
Document!
Document!!
Document!!!
Prehearing
During hearing
Post disposition
During treatment
At completion of treatment
Advise your client on registry removal
Represent a client pro bono
Provide an evaluation pro bono

24. Invisible cage documentary by: phil batta and dawn dewald

25. Questions? Want more information?
Jessica McConville, LCPC, LASOP Clinical Probation Officer Cook County Juvenile Court Chicago, IL (312) Teretha Lewis, LCSW, LSOE, LSOTP Supervising Probation Officer (312) Lizzy Ullman, Attorney Children and Family Justice Center, Bluhm Legal Clinic Northwestern Pritzker School of Law (312)