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Criminal Law

: Sex Crimes

On What Authority?

By Corey Rayburnyung

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Typically, registry listing of sex offenders is controlled entirely by legislatures. The statutory definitions list who is required to register and the penalty for not registering is also defined by a criminal statute. However, in some states, in certain circumstances, the decision to list an offender is delegated to an executive or judicial body. Grits for Breakfast has the story that raises an interesting legal issue about whether the TYC in Texas can force juveniles into the sex offender registry in some situations. From Grits: From the DA's letter, here's the exact issue at question: Specifically, your opinion is sought on whether section 87.85(g)(3) of the Texas Administrative Code, which authorizes TYC to require the registration of juvenile offenders who are discharged from TYC without successfully completing treatment, is in conflict with article 62...continue to full post

Full post as published by Sex Crimes on November 24, 2008 (boomark / email).

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