In re S.B.

S.B., 14 years old, and a four-year-old girl played a game; both got undressed. S.B. was charged as a juvenile with aggravated criminal sexual abuse. Evidence indicated that he suffered mild retardation and functioned as if seven or eight years old, not as a pedophile. The judge found him unfit for trial and set the matter for a “discharge” or “innocence only” hearing. The provision is found in the Code of Criminal Procedure but not in the Juvenile Court Act and allows an unfit individual to be ordered held for treatment. The evidence was found sufficient to support the charge, so S.B. was found “not not guilty.” Following outpatient evaluation, the court found S.B. still unfit, although neither mentally ill nor a threat to public safety, and ordered him to register as a sex offender. Because he had never been adjudicated delinquent, the appellate court reversed. The Illinois Supreme Court held that the statute on “discharge” or “innocence only” hearings may be applied to juveniles. S.B. can be required to register. Registration is required after “a finding not resulting in an acquittal,” following a discharge hearing on an applicable charge. The court construed the statute to allow petition for registration termination (not specified in the statute).View "In re S.B." on Justia Law