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Keeping juvenile sex offenders away

Published (3/25/2010)
By Mike Cook
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For one family in the district of Rep. Keith Downey (R-Edina), a tragic story got much worse after legal action was complete. He hopes to update state statute so it does not happen elsewhere.

HF2845 would explicitly state that a court could ban a juvenile convicted of first- or second-degree criminal sexual conduct from residing “within 1,000 feet or three city blocks, whichever distance is greater, from the victim for a portion or the entire period that the court has jurisdiction over the child.” The court would not have to make a written finding as to why this is in the best interest of the juvenile offender.

The House Crime Victims/Criminal Records Division held an informational hearing on the bill March 18.

In the case in Downey’s district, a boy sexually abused the elementary school girl who lived next door. The case was plea-bargained down to a second-degree offense, and the boy spent a few months in rehabilitation before being sent back home.

“As things unfolded, the family came to the full experience of what it meant to have their next-door neighbor, who has literally raped their child, be placed back in the home next door to them, and realize the impact on their family and on their daughter out in the yard, and going to the bus stop in the morning,” Downey said. “It feels like the victim ends up getting punished.”

Courts already have the right to impose such a restriction; however, Downey said the bill’s goal is awareness that a family going through the plea-bargain process clearly understands that they have this option.

“Oftentimes, in order to affect public policy change, you need to put express language in the statutes so that the judges are educated and feel like they’re able to do it,” said Rep. John Lesch (DFL-St. Paul), the division chairman.

Added Rep. Jenifer Loon (R-Eden Prairie), “There needs to be a better balancing of victim’s interest in full recovery along with the rehabilitation of the offender.”

A companion, SF2473, sponsored by Sen. Geoff Michel (R-Edina), awaits action by the Senate Judiciary Committee.

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