Opinion

People v. J.W.

  • 204 Ill. 2d 50
  • 272 Ill. Dec. 561
  • 787 N.E.2d 747
  • 2003 Ill. LEXIS 454
Court
Illinois Supreme Court
Filed
Feb 21, 2003
Status
Published
Author
Freeman
On the bench
Thomas, McMorrow, Freeman, Kilbride, Rarick
Cited by
212 cases

holding that to be reasonable, a condition of probation must not be overly broad when viewed in the light of the desired goal or the means to that end or, in other words, "where a condition of probation requires a waiver of precious constitutional rights, the condition must be narrowly drawn; to the extent it is overbroad it is not reasonably related to the compelling state interest in reformation and rehabilitation and is an unconstitutional restriction on the exercise of fundamental constitutional rights." (Citations omitted.)

How later courts described this case

  • holding that to be reasonable, a condition of probation must not be overly broad when viewed in the light of the desired goal or the means to that end or, in other words, "where a condition of probation requires a waiver of precious constitutional rights, the condition must be narrowly drawn; to the extent it is overbroad it is not reasonably related to the compelling state interest in reformation and rehabilitation and is an unconstitutional restriction on the exercise of fundamental constitutional rights." (Citations omitted.)
  • explaining that “this court [has] rejected claims that the [sex offender] Registration Act and the Notification Law constitute punishment. We are not persuaded that requiring a juvenile sex offender to register . . . compels a different result”
  • finding that the registration requirements under SORA “are not punitive” and finding no merit to juvenile offender’s claim that lifetime registration requirement was analogous to the imposition of the death penalty as cruel and unusual punishment
  • recognizing that rational basis test does not require that statute be best means of protecting public and that it is up to the legislature and not courts to determine whether statute is best means for achieving desired results

Written by the judges who cited it.

The opinion

JUSTICE FREEMAN joins in this special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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