A Guide to Sex Offender Registration and Community Notification in Illinois

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1 State of Illinois Rod R. Blagojevich, Governor Illinois State Police Larry G. Trent, Director A Guide to Sex Offender Registration and Community Notification in Illinois January 1, 2006 Illinois State Police

2 A Guide to Sex Offender Registration in Illinois Prepared for: Illinois Criminal Justice Agencies January 1, 2006

3 Table of Contents Chapter 1. The History of Sex Offender Registration in Illinois, 730 ILCS 150 et. Seq Chapter 2. Qualifying Sex Offenses Chapter 3. Court/Probation (Sex Offenders Sentenced to Probation or Conditional Discharge) Chapter 4. Illinois Department of Corrections, Other Penal Institutions, and Mental Treatment Facilities Chapter 5. Interstate Compact Cases (Probation and Parole) Chapter 6. Agency Having Jurisdiction Chapter 7. Sex Offender Attending and/or Employed at an Institution of Higher Education Chapter 8. Genetic Marker (DNA) Indexing Program Chapter 9. Illinois State Police Chapter 10. Sex Offender Chapter 11. Adjudicated Juvenile Delinquent Sex Offender Chapter 12. Sexual Predator Chapter 13. Penalty for Failure to Register Chapter 14. Access to Sex Offender Registration Records Appendix A The Sex Offender Registration Act

4 1 The History of Sex Offender Registration in Illinois, 730 ILCS 150 et. Seq. Habitual Child Sex Offender Registration Act - (Effective August 15, 1986) A person convicted after this date could be certified as a child sex offender only upon his or her second or subsequent conviction of a sex crime against a victim less than 18 years of age. Child Sex Offender Registration Act - (Effective January 1, 1993) The Habitual Child Sex Offender Registration Act was amended and named the Child Sex Offender Registration Act. The amended statute, 730 ILCS 150/1, required an offender to be certified as a child sex offender after his or her first conviction for a sex crime against a victim less than 18 years of age. Sex Offender Registration Act - (Effective January 1, 1996) The Child Sex Offender Registration Act was amended and named the Sex Offender Registration Act. Any person convicted of a felony sex crime 1 or an attempt to commit a felony sex crime is required to register as a sex offender regardless of the victim s age. Provisions are retroactive to include any person either released from prison or sentenced to probation within the last 10 years. Sex Offender Registration Act and the Child Sex Offender and Child Murderer Community Notification Law - (Effective June 1, 1996) The Sex Offender Registration Act was amended and renamed the Sex Offender Registration Act and Child Sex Offender and Child Murderer Community Notification Law. The following registrable offenses, including attempts of these offenses, were added, when the conviction occurred after May 31, 1996:! first degree murder when the victim was under the age of 18 and the defendant was at least 17 years of age at the time of the offense; 1 See Chapter

5 ! kidnaping, aggravated kidnaping, unlawful restraint, and aggravated unlawful restraint, when the victim was under the age of 18 years of age and the defendant is not a parent of the victim, and the offense was committed on or after January 1, 1996;! predatory criminal sexual assault of a child, when the victim was under the age of 13 and the offender was over the age of 17 and committed an act of sexual penetration; and! predatory criminal sexual assault of a child when the victim was under the age of 13 and the offender was over the age of 17 and committed an act of sexual penetration and caused great bodily harm to the victim that resulted in permanent disability or was life threatening. The name, address, and offense of the registered child sex offender was authorized for release under the following circumstances:! law enforcement agencies are required to provide a list of all child sex offenders registered within their jurisdiction to all schools and licensed child care facilities;! law enforcement agencies have the discretion to notify anyone likely to encounter the offender; and! any person may obtain this information from the police department or sheriff s office. Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Law (Effective July 24, 1997) The Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Law was amended and includes the following changes:! information on all sex offenders required to register will be released to the public;! secondary dissemination of sex offender information is not prohibited;! the sex offender s date of birth is authorized for community notification;! the Sex Offender Registration Fund is established;! sex offenders are required to pay a $10 initial registration fee and $5 annual re-registration fees; these fees will be retained by registering police departments and sheriffs offices; at least 50 percent of the funds will be earmarked for police departments and sheriffs offices; the agency having jurisdiction may waive the registration fee if they determine the registrant is indigent;! failure to comply with the Act is punishable by a minimum $500 fine; the fund is established and maintained by the Illinois State Police (ISP). -4-

6 ! any person convicted of a misdemeanor violation of indecent solicitation of a child, sexual exploitation of a child, criminal sexual abuse, or sexual relations within families when the victim was a person under 18 years of age must register;! a sex offender can be adjudicated or convicted as a sexually dangerous person regardless of the victim s age. Sexually dangerous persons must register every 90 days for their natural life;! any person found sexually dangerous and later released or found to be no longer sexually dangerous and discharged shall register for the period of his or her natural life;! all sex offenders are required to provide positive identification and documentation that substantiates proof of residence at the time of registration;! all sex offenders are required to register in person within 10 days of discharge, release, or parole from any facility or institution;! all sex offenders are required to register in person with the new jurisdiction within 10 days of moving;! all sex offenders released on probation or discharged upon payment of fine shall register within 10 days of release on probation or payment of fine;! any person required to register, who establishes a residence in another state, shall inform the previous Illinois agency of jurisdiction in writing of the move and register with the new out-of-state agency of jurisdiction within 10 days of moving;! treatment facilities are required to notify sex offenders of their duty to register upon release and provide a copy of the Notification Form to ISP, Sex Offender Registration Unit, 400 Iles Park Place, Suite 300, Springfield, IL ;! address confirmation forms are sent out annually to every sex offender required to register and shall be completed, signed, and returned to ISP within 10 days of the mailing date. Failure to return the verification letter to ISP within 10 days of the mailing date shall be considered a violation of the law;! sheriffs offices are required to notify schools and child care facilities of the sex offenders residing within their respective counties with the exception of Cook County. In Cook County, the Chicago Police Department will be responsible for notifying entities within Chicago. The Cook County Sheriff s Office will be responsible for the remainder of Cook County;! ISP shall be given access to State of Illinois databases for the purpose of implementing the provisions of the Act and the law; and! ISP shall make sex offender information available to the federal government including treatment information for sexually dangerous persons. -5-

7 Sex Offender Registration Act Amendment (Effective January 1, 1998)! Add as sex offense, child abduction committed by intentionally luring or attempting to lure a child under 16 years of age into a vehicle or dwelling place without parental consent for an unlawful purpose;! a second or subsequent violation of child abduction by luring a child into a vehicle or building for an unlawful purpose is a Class 3 felony;! committing child abduction in a school or on a playground, in a school conveyance, or on a public way within 1,000 feet of a school or playground is an aggravating factor for sentencing purposes; and! knowingly giving false information required by the Sex Offender Registration Act shall be a Class 4 felony. Sex Offender Registration Act Amendment (Effective July 1, 1999)! A person convicted or adjudicated of an equivalent criteria sex offense(s) in another state, and does not live in Illinois, but is employed in Illinois or attends an Illinois school, is required by federal law to register in both the state where he/she resides and the state where he/she is employed or attends school;! recognizes criminal charge or conviction under the law of a foreign country when equivalent to Illinois sex offender statutes;! establishes the category of sexual predators, who, if convicted after July 1, 1999, are required to register annually for natural life (see Sexual Predator, Chapter 12);! a person convicted of a second or subsequent offense requiring registration pursuant to the Act after July 1, 1999, is considered a sexual predator;! requires sexually violent persons to register every 90 days and sexual predators to register once a year for natural life;! medical facilities are required to notify sex offenders of their duty to register upon release and forward the Notification Form to ISP;! law enforcement agencies are authorized to release additional information contained in the registry which may help identify the sex offender;! law enforcement agencies are authorized to release sex offender information via the Internet, including offender s photograph, by means of the Illinois State Police Home Page;! juveniles who are adjudicated as a juvenile delinquent after July 1, 1999, are required to register. Notification for juveniles is limited to schools, licensed daycare facilities, local law enforcement, and the community when public safety is at risk;! failure to comply with the provisions of this Act mandate revocation of parole or probation;! ISP is authorized to administratively extend the period of registration by 10 years for those sex offenders who fail to comply with the Act; -6-

8 ! specifically authorizes state s attorneys to prosecute non-compliant sex offenders in any county where they can be located;! requires the agency having jurisdiction to verify the addresses of sex offenders within their jurisdiction at least once each year and document in the Law Enforcement Agencies Database System (LEADS) in the manner required by ISP;! requires a person at least 17 years of age convicted of murder against a person under the age of 18 to register for natural life; and! business name and address must be submitted to the agency having jurisdiction within 10 days of employment. Sex Offender Registration Act Amendment (Effective August 22, 2002)! Adjudicated juvenile delinquent sex offenders are required to register effective July 1, 1999.! add violations or attempted violations committed on or after the effective date of this amendatory Act of August 22, 2002: public indecency for a third or subsequent conviction; custodial sexual misconduct; and 5.1 permitting sexual abuse of the Wrongs to Children Act! a person convicted or adjudicated for a sex offense under the Uniform Code of Military Justice (UCMJ) that is substantially equivalent to the required offenses must register;! a sexual predator means any person convicted for a violation or attempted violation after July 1, 1999, of any of the sexual predator offenses requiring registration to include those convicted for an offense of federal, UCMJ, sister state, or foreign country law that is substantially equivalent to the required offenses;! an out-of-state employee means any sex offender or sexual predator who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year must register;! a full or part-time out-of-state student or out-of-state employee shall provide accurate information as required by ISP which shall include the out-of-state student s current place of employment, school/institution of higher education, and address in his or her state of residence;! a place of residence or temporary domicile is any and all places where the sex offender resides for an aggregate period of time of 10 or more days during any calendar year; -7-

9 ! any person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register. If notification is not made within the offender s 10-year registration requirement, and ISP determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register;! the law enforcement jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee;! within 10 days after obtaining or changing employment and, if employed on January 1, 2000, within 10 days after that date, a person is required to register in person or in writing, to the law enforcement agency having jurisdiction the business name and address where he or she is employed. If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction;! the Illinois Department of Corrections facility shall obtain information about where the person expects to reside, work, and/or attend school/institution of higher education upon his or her discharge, parole, or release and shall report the information to ISP through LEADS;! electronic data files, which include all Notification Form information and photographs of sex offenders being released from an Illinois Department of Corrections facility, will be shared on a regular basis as determined between ISP and the Department of Corrections;! the court shall obtain information where the person expects to reside, work, and/or attend school/institution of higher education upon his or her release and shall report the information to ISP through the submission of the Notification Form to their local source of LEADS;! a hospital or health facility shall obtain information about where the person expects to reside, work, and/or attend school/institution of higher education upon his or her discharge, parole, or release and shall report the information to ISP within three days;! Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work, and/or attend school/institution of higher education upon his or her release through LEADS; and! a sex offender who is allowed to leave a county, state, or federal facility for the purposes of work release, education, and/or overnight visitations shall be required to register within 10 days of beginning a program. -8-

10 Sex Offender Registration Act Amendment (Effective August 20, 2004)! A sex offender or sexual predator shall register with the chief of police or the sheriff in the jurisdiction in which he or she resides only. Offenders will register their employment information with the agency in which they reside only;! if an offender is employed or attending an institution of higher education, he or she must register with the agency in which they reside, and if different, with the agency in which the institution of higher education is located;! reconfinement due to a violation of parole or other circumstances that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release;! the registration period for any sex offender who fails to comply with any provisions of the Act shall extend the period of registration by 10 years beginning from the first date of registration after the violation;! the supervising officer shall within 15 days of sentencing or release, verify with the local police department that the offender has complied with the requirements of the Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act;! a sex offender that intends to establish a residence or employment outside the state of Illinois shall, in writing, inform the law enforcement agency in which he or she last registered of his or her out-of-state intended residence or employment at least 10 days before establishing that residence or employment;! an offender that is convicted of murder when the victim is under age 18 must register as a sex offender if he or she was incarcerated on August 20, 2004 in an Illinois Department of Corrections facility for the murder;! the offender shall pay a $20 initial registration fee and a $10 annual renewal fee. Ten dollars of the initial registration fee and $5 of the annual fee shall be used by the registering agency for official purposes. Ten dollars of the initial registration fee and $5 of the annual registration fee shall be deposited in the Sex Offender Management Board Fund. The law enforcement agency having jurisdiction may waive the registration fee if it determines the person is indigent and unable to pay the registration fee (Effective January 1, 2004);! it is a Class 3 felony for any violations of the Act; and! a current photo of a sex offender must be taken at every annual registration. -9-

11 Sex Offender Registration Act Amendment (Effective January 1, 2006)! A sex offender or sexual predator shall register with the chief of police or the sheriff in the jurisdiction in which he or she resides within five days of conviction if sentenced to probation, or five days of release if confined;! any and all changes to a sex offender s address, employment, or school information must be made in person by the sex offender within five days of the change;! a fixed residence is defined as any and all places that a sex offender resides for an aggregate period of five or more days in a calendar year;! a sex offender that lacks a fixed residence must report weekly in person to the police department or sheriff s office in which he or she is located;! a sex offender that is convicted of violating the Act after July 1, 2005 shall report in person every 90 days to the police department or sheriff s office in the jurisdiction where the sex offender resides for the duration of his or her registration period;! any person convicted of a violation of the Act for a second or subsequent time is guilty of a Class 2 felony;! law enforcement is not required to determine whether the person is living within its jurisdiction to make an arrest;! a sex offender can be arrested and tried in any county in which he or she is located;! a conviction of custodial sexual misconduct shall be registerable regardless of the date of the offense;! criminal sexual assault against a victim of any age, shall require the offender to register as a sexual predator for life; Sex Offender Registration Act Amendment (Effective January 1, 2006)! Upon registration of a juvenile sex offender, the local law enforcement agency shall ascertain whether the juvenile sex offender is enrolled in school, and if so, the law enforcement agency shall provide a copy of the juvenile offender s registration form to the principal or the chief administrative officer of the school and any guidance counselor designated by him or her;! upon attaining 17 years of age, a juvenile delinquent, shall be considered as having committed the sex offense on or after the offender s 17 th birthday;! registration of juveniles upon attaining 17 years of age shall not extend the original registration of 10 years from the date of conviction;! a person who has been adjudicated a juvenile delinquent for an act, which if committed by an adult, would be a sex offense shall register as an adult sex offender within 10 days after attaining 17 years of age; -10-

12 ! upon registration, a sex offender must provide the employer s telephone number and any extensions of the time period for registering;! If the extension of the offender was granted, the reason why the extension was granted, and the date the sex offender was notified of the extension;! the law enforcement agency having jurisdiction has the discretion to require a sex offender to register up to an additional four times per year;! all registrations by the sex offender must be made in person to the local agency having jurisdiction of the offender;! the Department of State Police shall send a registered letter to the law enforcement agency where the sex offender resides within three days after a sex offender s time period for registration is administratively extended;! the sex offender shall report to the law enforcement agency having jurisdiction and sign for that letter notifying them of the extension, and one copy of the letter shall be kept on file with the law enforcement agency of the jurisdiction where the sex offender resides, and one copy shall be returned to the Department of State Police; and! a sex offender must sign a statement that he or she understands that according to Illinois law, as a child sex offender, he or she may not reside within 500 feet of a school, park, playground, or any facility providing programs or services designed exclusively towards persons under 18 years of age, unless the offender meets specified exemptions as stated in 720 ILCS 5/ and 9.4. Other Significant Amendments to Criminal Code 720 ILCS 5/ and 5/11-9.4(not part of the Sex Offender Registration Act) 5/11-9.3! It is unlawful for a child sex offender to knowingly be present in or loiter on a public way within 500 feet of any school building, school ground, or on a school conveyance used to transport students to or from school-related activities when persons under 18 years of age are present: C unless the offender is a parent or guardian of a student present in the building, on the grounds, and the parent or guardian is: C attending a conference at the school with personnel to discuss the progress of his or her child academically or socially; or -11-

13 C C C C C C C participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services; or C attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school; unless the offender has permission to be present from the superintendent, the school board, or, in case of a private school, the principal; within public schools, the superintendent or school board president must inform the principal of the school where the sex offender will be present; notification includes the nature of the sex offender s visit and the hours in which the sex offender will be present in the school; the sex offender is responsible for notifying the principal s office when he or she arrives on school property and when he or she departs from school property; if the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official; and it is a Class 4 felony for any sex offender who violates this provision.! The criminal code was further amended to prohibit child sex offenders from residing within 500 feet of a school attended by persons under 18 years of age, a playground, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Exempts child sex offenders who owned the property where they reside before the effective date July 7, /11-9.4! Approaching, contacting, or communicating with a child within public park zones by child sex offenders is prohibited. Public park includes a park, forest preserve, or conservation area under the jurisdiction of the state or a unit of local government.! If persons under the age of 18 are present in or on public grounds and the sex offender is not a parent or a legal guardian of those persons present, the sex offender cannot: knowingly be present in any public park building on real property comprising any public park; and knowingly loiter on a public way within 500 feet of a public park building on real property comprising any public park. -12-

14 ! A child sex offender cannot knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing programs or services exclusively directed towards persons under the age of 18. NOTE: this does not prohibit a child sex offender from owning the real property upon which the programs or services are offered, provided the child sex offender refrains from being present on the premises for the hours during which the programs or services are being offered. Other Significant Amendments to Criminal Code 720 ILCS 5/ (Effective August 22, 2002) Approaching, contacting, residing, or communicating with a child within certain places by child sex offenders is prohibited unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds; and it is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense unless the child sex offender owned the property before the effective date of August 22, This does not apply if the victim of the sex offense is 21 years of age or older. Other Significant Amendments to Criminal Code 720 ILCS 5/11-24 (Effective January 1, 2005)! It is unlawful for a child sex offender to knowingly: C conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or C conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child. Note: a violation of this section is a Class 2 felony. Significant Amendments to the Unified Code of Corrections 730 ILCS 5/3-1-2 and (Effective July 11, 2005) Note: only for sex offenders on parole, probation, mandatory supervised release, or conditional discharge.! Sex offenders who are on parole, probation, mandatory supervised release or conditional discharge are not allowed to: C participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter bunny costume on or preceding Easter, unless the offender is a parent or guardian of the person under

15 years of age present in the home and no non-familial minors are present. (NOTE: Conditions of parole, probation, mandatory supervised release, or conditional discharge only); reside at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense (Note: This does not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services or is in any licensed medical facility).! offenders who are convicted after July 1, 2005 of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault shall be subjected to a mandatory supervised release period of three years to a maximum period of natural life. -14-

16 2 Qualifying Sex Offenses 730 Illinois Compiled Statutes 150/2/ C 11-6 indecent solicitation of a child; C sexual exploitation of a child; C custodial sexual misconduct; C soliciting for a juvenile prostitute; C keeping a place of juvenile prostitution; C patronizing a juvenile prostitute; C juvenile pimping; C exploitation of a child; C child pornography; C criminal sexual assault; C aggravated criminal sexual assault; C predatory criminal sexual assault of a child; C criminal sexual abuse; C aggravated criminal sexual abuse; and C ritualized abuse of a child. A violation of any of the following sections of the Criminal Code of 1961, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, and the offense was committed on or after January 1, 1996: C 10-1 kidnaping; C 10-2 aggravated kidnaping; C 10-3 unlawful restraint ; and C aggravated unlawful restraint. 725 Illinois Compiled Statutes 205/1.01 et. seq. An adjudication as a sexually dangerous person under 725 ILCS 205/1.01 et. seq. Sexually Dangerous Persons Act. Other Qualifying Criteria C C A conviction for attempting any of the above listed offenses; a violation of any former law of Illinois substantially equivalent to any offense listed above; -15-

17 C C C C C a finding or adjudication of a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act; persons under the age of 18 convicted of any of the above listed offenses in criminal courts (not adjudicated in juvenile court); the offender is found not guilty by reason of insanity; the offender is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to Section (a) of the Code of Criminal Procedure of 1963; and a conviction or adjudication for a violation of federal law or the law of another state that is substantially equivalent to any offense listed above. 720 ILCS 5/9-1 of the Criminal Code of First Degree Murder of a Person Under 18 Years of Age Applies to a person who committed the offense before June 1, 1996 only if the person was incarcerated in an Illinois Department of Corrections facility on August 20, Applies to all people committing the act after June 1, Any person convicted of first degree murder under this section, when the victim was a person under 18 years of age, and the defendant was at least 17 years of age at the time of the offense, regardless of the date of the offense. 720 ILCS 5/ Predatory Criminal Sexual Assault of a Child (Effective June 1, 1996) A-1. When the victim was under the age of 13 and the offender was 17 years of age or over and committed an act of sexual penetration, Class X felony; or A-2. When the victim was under the age of 13 and the offender was 17 years of age or over and committed an act of sexual penetration and caused great bodily harm to the victim that resulted in permanent disability or was life threatening, Class X felony, and carries a mandatory year prison term. 720 ILCS 5/11 - A conviction of any of the following misdemeanor violations under Sections of the Criminal Code of 1961 (Effective July 24, 1997) C 11-6 indecent solicitation of a child; C sexual exploitation of a child; C criminal sexual abuse; and An attempt to commit any of these offenses. C A violation or attempted violation of Section (sexual relations within families) of the Criminal Code of

18 720 ILCS 5/10-5 (1.9) - A violation of the Criminal Code of 1961 (5/10-7 Aiding and Abetting under Child Abduction Section 10-5 (b)(10), 10-5(b)(10) Child Luring (Effective January 1, 1998) C Child abduction committed by intentionally luring or attempting to lure a child under 16 years of age into a vehicle or dwelling place without parental consent for an unlawful purpose; C a second or subsequent violation of child abduction by luring a child into a vehicle or building for an unlawful purpose is a Class 3 felony; and C committing child abduction in a school or on a playground, in a school conveyance, or on a public way within 1,000 feet of a school or playground is an aggravating factor for sentencing purposes. 720 ILCS 5/10-11 (1.10) - A violation or attempted violation of any of the following crimes of the Criminal Code of 1961 (Effective July 1, 1999) 10-4 forcible detention, if the victim is under 18 years of age; indecent solicitation of an adult; soliciting for a prostitute, if the victim is under 18 years of age; pandering, if the victim is under 18 years of age; patronizing a prostitute, if the victim is under 18 years of age; and pimping, if the victim is under 18 years of age. 720 ILCS 5/11 (1.11) - A violation or attempted violation of any of the following crimes of the Criminal Code of 1961 (Effective August 22, 2002) 11-9 public indecency for a third or subsequent conviction; and 720 ILCS 150/0.01 (1.12) - A violation or attempted violation of the Wrongs to Children Act (Effective August 22, 2002) C 5.1 permitting sexual abuse of a child. -17-

19 3 Court/Probation Sex Offenders Sentenced to Probation or Conditional Discharge Responsibilities of the Court! Ensure completion of the Sex Offender Notification Form to include the intended address of residence, employment, and/or school/institution of higher education of the sex offender and report to ISP through LEADS;! ensure registration requirements have been read to the offender and the offender understands the duties to register as set forth in the Sex Offender Notification Form; and! ensure the offender reads and signs the Sex Offender Notification Form and forwards to the appropriate probation office. Responsibilities of the Probation Department! Ensure that blood specimens for DNA are drawn from offenders and forwarded to the ISP, Division of Forensic Services;! complete the Sex Offender Notification Form and give the original to the court of conviction, retain one copy, give a copy to the offender, and forward a copy to the jurisdiction where the person expects to reside, be employed, and/or attend an institution of higher education;! obtain a photograph of the offender and forward to ISP within three days (write the offender s name, date of birth, race, sex, and State Identification Number on the back of the photo);! advise offender to register in person where he or she expects to reside, work, and/or attend school/institution of higher education within five days at the agency of jurisdiction and report any changes in person, as described on the Notification Form;! inform the sex offender that failure to register or other violation of the Sex Offender Act shall result in probation revocation;! if possible, take the sex offender to the police agency or sheriff s office to register (a Notification Form is still necessary when this is done);! ensure the Notification Form and conditions of probation are entered into LEADS, using the normal LEADS source, within three days; -18-

20 ! ensure fingerprints are taken and forwarded to ISP, Bureau of Identification, 260 North Chicago Street, Joliet, Illinois ;! The supervising officer shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act;! The supervising officer shall ensure that the offender does not: participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter bunny costume on or preceding Easter, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present. (NOTE: Conditions of parole, probation, mandatory supervised release, or conditional discharge only).! The supervising agent shall periodically, but not less than once a month, verify that the sex offender is not residing within the same condominium unit or complex, or the same apartment unit or complex with another sex offender; (NOTE: this does not apply to those transitional housing facilities licensed by IDOC, or any facility licensed by the Department of Children and Family Services or the Department of Human Services, or any licensed medical treatment facility)and;! if a sex offender is a resident of a nursing home, the supervising official must provide the nursing home with: the mittimus and any pre-sentence investigation reports; a social evaluation; reports of disciplinary infractions and dispositions; any parole plan, including orders issued by the Prisoner Review Board, and any violation reports and dispositions; and the name and contact information for the assigned parole agent and parole supervisor. -19-

21 4 Illinois Department of Corrections, Other Penal Institutions, and Mental Treatment Facilities Responsibilities Upon Release! Complete the Sex Offender Notification Form to include the intended address of residence, employment, and/or school/institution of higher education of the sex offender;! read requirements to the offender regarding his/her duties to register, as set forth in the Sex Offender Notification Form;! ensure the offender reads, understands, and signs the Sex Offender Notification Form;! retain the original copy, give a copy to the offender, and give a copy to each of the jurisdictions where the person expects to reside, be employed, and/or attend school or institution of higher education through LEADS;! medical treatment facilities and other penal institutions will forward a copy of the Notification Form to each of the jurisdictions where the person expects to reside, work, and/or attend school/institution of higher education and ISP, Sex Offender Registration Unit, 400 Iles Park Place, Suite 300, Springfield, Illinois , within three days of release from confinement;! obtain a photograph before release or parole and forward to ISP, Sex Offender Registration Unit, at the address listed above within three days of release from confinement. Write the offender s name, date of birth, race, sex, and State Identification Number on the back of the photo. NOTE: electronic transmission of photographs may be implemented in lieu of the above procedures;! ensure that blood specimens for DNA are drawn from offenders and forwarded to ISP, Division of Forensic Services. NOTE: medical treatment facilities are not required to draw blood specimens;! advise the offender to report to the agency of jurisdiction to register within five days of release and report any changes in person, as described on the Notification Form; -20-

22 ! advise the offender establishing a residence or employment outside the State of Illinois, and/or attends school/institution of higher education that he or she must register in the new state within five days of establishing the residence, beginning employment, and/or school/institution of higher education;! electronic data files, including all Notification Form information and photographs, for all sex offenders being released from the Illinois Department of Corrections (IDOC) facilities will be shared between ISP and IDOC on a daily basis;! if IDOC places the offender in another facility or releases the offender to a county jail, inform the facility of their duty to perform the above obligations upon the offender s discharge, parole, or release;! if the offender fails to comply with the provisions of the Sex Offender Registration Act, revocation of parole or probation is mandated;! the supervising officer shall, within 15 days of release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act;! shall periodically, but not less than once a month, verify that the sex offender is not residing within the same condominium unit or complex, or the same apartment unit or complex with another sex offender (NOTE: this does not apply to those transitional housing facilities licensed by IDOC, or any facility licensed by the Department of Children and Family Services or the Department of Human Services, or any licensed medical treatment facility);! ensure that the offender does not: participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter bunny costume on or preceding Easter, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present. (NOTE: Conditions of parole, probation, mandatory supervised release, or conditional discharge only); and! if a sex offender is a resident of a nursing home, the supervising official must provide the nursing home with: the mittimus and any pre-sentence investigation reports; -21-

23 a social evaluation; reports of disciplinary infractions and dispositions; any parole plan, including orders issued by the Prisoner Review Board, and any violation reports and dispositions; and the name and contact information for the assigned parole agent and parole supervisor. -22-

24 5 Interstate Compact Cases (Probation and Parole) Responsibilities! Forward a letter to out-of-state agencies informing them that convicted sex offenders are required to sign the Sex Offender Notification Form stating they will register as sex offenders in Illinois (include the intended address of residence, employment, and/or school or institution of higher education);! ensure the following requirements are completed either by the receiving probation department or the IDOC. NOTE: if the offender is not in Illinois; the Interstate Compact will be responsible for completing the tasks listed below; and! formal or final acceptance will not be given until all registration requirements are met. Receiving Probation Department/Illinois Department of Corrections! Determine if the out-of-state conviction sex offense is equivalent to the crimes set forth on pages of this guide;! ensure blood specimens are drawn within 45 days after arrival in Illinois;! read the Notification form to the offender including all registration requirements and ensure the offender understands, signs, and dates the form;! complete the Sex Offender Notification Form, retain the original copy with the offender s signature for your records, provide a copy to the offender, and forward a copy to the jurisdiction where the person expects to reside, be employed, and/or attend an institution of higher education;! fingerprint the offender using the four-part fingerprint card and forward to ISP, Bureau of Identification, 260 North Chicago Street, Joliet, Illinois ;! if possible, take the sex offender to the police agency or sheriff s office to register; -23-

25 ! if this is not done, ensure the notification record and conditions of probation are entered into LEADS, using the normal LEADS source, within three days. NOTE: enter XNOSID in the SID field if the sex offender has been convicted in Illinois; enter SNOSID in the SID field if convicted outside the State of Illinois until an Illinois State Identification Number is issued;! advise offender to register in person within five days at the agency of jurisdiction, take a photograph, and forward the photo through appropriate channels to ISP (write the offender s name, date of birth, race, sex, and State Identification Number on the back of the photo);! if offender fails to comply with the provisions of the Sex Offender Registration Act revocation of parole or probation is mandated;! the supervising officer shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act;! shall periodically, but not less than once a month, verify that the sex offender is not residing within the same condominium unit or complex, or the same apartment unit or complex with another convicted sex offender; and! if a sex offender is a resident of a nursing home, the supervising official must provide the nursing home with: the mittimus and any pre-sentence investigation reports; a social evaluation; reports of disciplinary infractions and dispositions; any parole plan, including orders issued by the Prisoner Review Board, and any violation reports and dispositions; and the name and contact information for the assigned parole agent and parole supervisor. Impact of new interstate agreements with the Sexually Dangerous Persons Act and DNA Indexing Program Legislation establishing the DNA Indexing Program amended in March 1995, established another category of persons who must comply. A person seeking to transfer residency to Illinois who has been convicted of, or received a disposition of court supervision for, a sexual offense or attempt of a sexual offense, or institutionalized as a sexually dangerous person, must have a blood sample drawn within 45 days after arrival in Illinois. The provisions are not retroactive. -24-

26 6 Agency Having Jurisdiction (Police or Sheriff s Department) Definition of Agency Having Jurisdiction The law enforcement agency where the sex offender expects to reside, work, attend school/institution of higher education, and/or is temporarily domiciled (any and all places where the sex offender resides for an aggregate period of time of five or more days during a calendar year). If the sex offender resides within the city limits, the municipal police department is the registering jurisdiction; if the offender resides in an unincorporated area or in an area without a police department, the sheriff s department is the registering jurisdiction. Initial Registration Proof of Identification and Residence The sex offender shall provide positive identification and documentation, which substantiate proof of residency. If the sex offender does not bring identification, the agency should document his or her attempt to register, provide the address information in a LEADS add-on, and advise the sex offender to return with the proper identification.! Run a criminal history check to accomplish the following: ensure the offender is required to register; determine the current status of the offender; obtain information required to complete the Sex Offender Registration Form; and determine exact age of the victim.! complete the Sex Offender Registration Form (NOTE: Do not let the offender fill out his or her own form);! read the form to the offender and ensure the offender signs the Sex Offender Registration Form;! enter registration information into LEADS, using the normal source for LEADS entries, within three days;! fingerprint the offender using the four-part fingerprint card and forward to ISP, Bureau of Identification, 260 North Chicago Street, Joliet, Illinois ; -25-

27 ! obtain a photo of the offender and forward a copy to ISP (write the offender s name, date of birth, race, sex, and State Identification Number on the back of the photo) for use on the Internet; and! retain the original signed copy of the Sex Offender Registration Form until the requirements to register have expired and give a copy to the offender. Forward a copy of the registration form to ISP, Sex Offender Registration Unit, 400 Iles Park Place, Suite 300, Springfield, Illinois Address Change When the offender changes his/her address, work, or school status (start/changes/commencement and termination must be reported) within the same jurisdiction, registration in person is required. If the offender is moving out of a jurisdiction, they are required to notify the agency having jurisdiction, in person, of any address, work, or school status changes (start/changes/commencement and termination must be reported) within five days of moving and register in person within five days of moving into the new jurisdiction. (See Chapter 7 for change of address information concerning sex offenders employed or working at or attending an institution of higher education.) Current Agency Having Jurisdiction (Moving Status Procedures)! Agency will no longer modify the status field at the time of a sex offender s notice to move to a new jurisdiction. Attach an add-on record to the Caution File indicating the date notified and the offender s new address in which he or she plans to reside;! agency should contact the new agency of jurisdiction to inform them of the offender s intent to move. Agency should request that the new agency fax a copy of the registration form to them upon registration. The address will remain the same in the LEADS Caution File until the offender registers at the new agency of jurisdiction, and! when this occurs, the record should be released to the new agency. The agency will modify the STA field to M-XXX where the XXX represents the numeric code of the county to which the offender is moving and enter the COR field to coincide with the numeric county code. If your agency does not get confirmation that the offender moved to the new agency, you should:! Verify old address of the offender to see if the offender has, in fact, moved from that location;! if that offender is still residing at that location after five days, he is in violation of a Class 3 felony arrest for falsifying information; and! if the offender is no longer at that location, you should modify the RAN field to UNK and list the old address and date of verification in a LEADS add-on. -26-

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