The sex offender registration requirement for minors committed to DJJ before juvenile justice realignment for certain sex offenses does not violate equal protection. After the minor was discharged from the Division of Juvenile Justice (DJJ), the juvenile court imposed a probation condition requiring him to register as a sex offender under Penal Code section 290.008, based on his previously admitted offenses of assault with intent to commit rape. The juvenile court overruled the minor’s objection to the condition, arguing that it violated equal protection because minors who later commit the same crime but are sent to county facilities under the new law are not required to register. The Court of Appeal affirmed, holding that the registration requirement does not involve a fundamental right or suspect classification. The court found a rational basis exists for differential treatment, as the Legislature could reasonably conclude that minors who were already in custody of DJJ have higher risk of recidivism due to lack of appropriate support and treatment, and require registration to protect public safety.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/C098871.PDF