In the Interest of J.B.
107 A.3d 1
| Pa. | 2014Background
- Seven juveniles adjudicated delinquent for specified sexual offenses were subject to SORNA’s lifetime registration on its effective date.
- Trial court held SORNA unconstitutional as applied to juveniles under ex post facto, cruel punishment, and due process via irrebuttable presumption.
- SORNA imposes substantial registration duties, in-person appearances, and penalties for noncompliance, with information shared across state and federal registries and public dissemination.
- Statutory framework defines ‘‘juvenile offender’’ and applies to those aged 14+ who commit certain offenses, including post-2011 adjudications and those transferred from other jurisdictions.
- Trial court found an irrebuttable presumption that all juvenile offenders pose a high risk of reoffense, burdening due process and reputation rights.
- Commonwealth and Monroe County decisions are cited; the case Court consolidates issues and emphasizes tailored juvenile rehabilitation over blanket lifetime registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does SORNA as applied to juveniles violate due process via irrebuttable presumption? | Juveniles suffer repuation harm and lack opportunity to rebut the presumption. | Legislature reasonably treats certain juveniles as high risk; protections exist and standardized procedures apply. | Yes; unconstitutional due to irrebuttable presumption. |
| Does SORNA infringe the Pennsylvania Constitution right to reputation and due process for juveniles? | Registration marks are a stigma that cannot be rebutted for many juveniles. | Public safety and transparency justify registration as nonpunitive. | Yes; violates reputation and due process rights. |
| Is there a reasonable alternative to lifetime registration for juveniles? | Individualized risk assessment should determine need for ongoing registration. | Current SOAB-based assessments and continued evaluations already exist. | Yes; individualized risk assessment suffices as alternative. |
Key Cases Cited
- Commonwealth v. Clayton, 684 A.2d 1063 (Pa. 1996) (irrebuttable presumptions violate due process when not universally true and no meaningful rebuttal)
- D.C. v. School Dist. of Philadelphia, 879 A.2d 408 (Pa. Cmwlth. 2005) (irrebuttable presumption in education violated due process for juveniles)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (juveniles are fundamentally different; cannot be treated as adults for punishment)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile status requires different treatment in capital punishment context)
- Weinberger v. Salfi, 422 U.S. 749 (U.S. 1975) (irrebuttable presumption doctrine limited by due process considerations)
- Paul v. Davis, 424 U.S. 693 (U.S. 1976) (reputation is not protected absent a tangible interest)
- Vlandis v. Kline, 412 U.S. 441 (U.S. 1973) (irrebuttable presumption issues and residency determinations require rebuttable process)
- Bell v. Burson, 402 U.S. 535 (U.S. 1971) (due process requires meaningful opportunity to be heard before deprivation)
- Dru Sjodin National Sex Offender Public Website v. United States, 42 U.S.C. § 16920 (N/A) (public sex-offender data and accessibility discussed)
