A Guide to Sex Offender Registration and Community Notification in Illinois

Transcription

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-

28 If the offender does not inform you that he or she has moved, but a new agency contacts you to tell you he or she has registered with them, you should request a faxed copy of the Registration Form and put the record into a moving status (see above). New Agency Having Jurisdiction The offender is required to report in person to the new agency having jurisdiction. The new agency having jurisdiction should:! run a criminal history check;! complete a Sex Offender Registration Form;! ensure that you read the form to the offender and the offender understands, and signs the Sex Offender Registration Form;! enter registration information into the LEADS Caution File, using the normal source for entries, within three days. NOTE: enter XNOSID in the SID field if the offender does not have an SID number and was convicted in Illinois; enter SNOSID if the offender was convicted out-of-state;! if the sex offender does not have a SID number, fingerprint the offender using the four-part fingerprint card, using Illinois Statute 730 ILCS 150/1, and forward to ISP, Bureau of Identification, 260 North Chicago Street, Joliet, Illinois ; and! retain the original signed copy of the Sex Offender Registration Form until one year after the offender s registration requirement has expired and provide 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 TIP: If the registrant has a LEADS number, run on LEADS (LZE.LDS/E ). This will provide the status of the registrant. R - Registered D - Notified/Not Registered N - Not Notified/to be Notified M - Moving Intrastate OM - Moving-Out-of State (Sex offender has notified the agency of jurisdiction of a move to another state). If the sex offender does not notify agency of jurisdiction, the status remains the same, and the sex offender is out-of-compliance. I - In Illinois Department of Corrections E - Expunged Child Sex Offender (child sex offender that has fulfilled his or her registration requirement). A child sex offender, however, still cannot approach, contact, or communicate with a child in a park, be on school grounds, work, manage, or associate with any programs or services designed for people under age 18. Cannot live within 500 feet of a school, licensed daycare center, or any place designed exclusively for people under age 18. Cannot live within 500 feet of their victim if the victim is under age

29 Annual Registration An offender is required to report in person, within one year of his/her last registration (includes initial registration, annual registration, or address change), to the law enforcement agency having jurisdiction. Sex offenders that are convicted of a violation of the Act after July 1, 2005 must register in person within 90 days of his/her last registration and every 90 days thereafter until their period of registration is complete. Annual registrations can be accomplished early. The agency should:! run a complete criminal history and the LEADS number;! complete the Sex Offender Registration Form; and! using the normal entry source, update the record in LEADS within three days. NOTE: The ADT and STA must be updated during registration. Quarterly Registration Any person found or adjudicated to be a sexually dangerous person, sexually violent person, or is convicted of a violation of any provision of the Act after July 1, 2005 is required to report in person, within 90 days of his/her last registration (includes initial registration, quarterly registration, or address change), to the law enforcement agency having jurisdiction. Quarterly registrations can be accomplished early. The agency should:! run a complete criminal history and the LEADS number;! complete the Sex Offender Registration Form; and! using the normal entry source, update the record in LEADS within three days. NOTE: The ADT and STA must be updated during registration. Additional Registrations (Effective January 1, 2006) The law enforcement agency having jurisdictions has the discretion to require a sex offender to register up to an additional four times per year. Photographs Required! Required at all registrations, forward a copy of the photo along with the registration form to ISP, Sex Offender Registration Unit, 400 Iles Park Place, Suite 300, Springfield, Illinois Fingerprints Required! During initial registration and subsequent initial registration at each jurisdiction;! sex offenders are required to register when he/she moves to Illinois;! if a sex offender is employed or attending school/institution of higher education in Illinois but resides in another state; and! if the original computer inquiry indicates the registrant has no Illinois State Identification Number on file with ISP, Bureau of Identification, Joliet, Illinois

30 Internet Responsibilities Law enforcement agencies have the discretion to place any information contained in the registry, including photographs, but excluding, information which would identify the victim on the Internet. Registration Fees 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. The agency shall establish procedures to document receipt and use of the fees. Fees for employment and/or school/institution of higher education changes, unless in conjunction with annual registration requirement, will not be collected. Enforcement Efforts Add-ons should be entered into LEADS for any contact with registered sex offenders for tracking purposes. Information in the add-on should include:! date and time of contact;! specific location of contact;! reason for contact (traffic, suspicious activity, etc.);! officer's last name, ID number and agency;! vehicle description;! names, addresses, and ages of vehicle occupants;! report number used to document contact;! any and all enforcement action taken; and! other miscellaneous information deemed appropriate. When appropriate, contact with the sex offender should be documented with an update to LEADS with the following action: Contact with an N status sex offender: C Notify the sex offender he/she must register within five days in the jurisdiction where they reside. (The offender can be notified to register within 24 hours). Ensure a LEADS add-on is entered to include the sex offender s address and date of notification. Update status of sex offender to a D status notified, not registered. Contact with a D status sex offender: C Check for evidence of registration and arrest sex offender if the date of the stop is more than five days from the activity date (ADT) on LEADS entry. NOTE: A felony arrest should be consistent with procedures required by the county state s attorney. -29-

31 Address Verification Agency of jurisdiction shall verify the address of sex offenders or sexual predators required to register with their agency at least once per calendar year: C C C C verification must be made in person; document with LEADS add-on to include date of verification, verifying officer(s) name(s), how verification was made, the exact address verified, and any other pertinent information; if the offender no longer resides at registered address, document with LEADS add-on to include date of verification; verifying officer(s) name(s), how verification was made, address where the verifying attempt was made, and any other pertinent information; and document with UNK in the RAN field of the LEADS Caution File if the sex offender no longer resides at the registered address. Employment Information Agency of jurisdiction shall obtain the business name(s), address(es), and telephone number(s) where the offender is employed. The sex offender is to register employment information within five days of beginning employment. Such information will be documented when the offender registers annually and should be entered into the LEADS Caution File. Sex offenders are required to provide, in person, any changes to their employment status to the agency having jurisdiction. Non-resident Workers/Students Out-of-state sex offenders (non-resident workers and students) must register in both states their employment or school/institution of higher education information. A sex offender who is employed outside the state of Illinois must register in person with the local registering agency at least five days before establishing employment. Community Notification of Juvenile Sex Offender Attending School The agency registering a juvenile sex offender shall ascertain from the juvenile sex offender whether the juvenile sex offender is enrolled in school; and if so, shall provide a copy of the sex offender registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept separately from any and all school records maintained on behalf of the juvenile sex offender. -30-

32 7 Sex Offender Attending and/or Employed at an Institution of Higher Education A sex offender, sexual predator, sexually dangerous person, or sexually violent person attending, employed, or carrying on a vocation at an institution of higher education (fulltime or part-time basis) is required to do the following:! register as a sex offender, in person in the jurisdiction of residence, their employment and institution of higher education information on the Sex Offender Registration Form within five days of residency, attendance and /or employment;! the registering agency enters the employment and/or institution of higher education attendance information and any and all changes into the LEADS Caution File within three days;! if attending, employed, or carrying on a vocation at an institution of higher education located in a jurisdiction other than their residence, they are also required to register in person with the jurisdiction where the institution of higher education is located; Note: registration shall be completed by reporting to the city police department or county sheriff s office where the institution of higher education is located. Registration of offenders shall not be done by the institution of higher education police department or security force.! registration of employment and institution of higher education information is required at the jurisdiction where the institution of higher education is located within five days of beginning instruction or employment;! this information is to be collected on a form provided by ISP and should only be used for those sex offenders attending or employed at an institution of higher education and is to be forwarded to ISP within three days;! the agency of jurisdiction where the institution of higher education is located shall provide the board of higher education or other appropriate administrative office of each non-public institution of higher education a list of those sex offenders employed or attending the institution of higher education in a prompt manner; -31-

33 ! if the institution of higher education has a campus police department with a LEADS terminal, the campus police will be responsible for running lists to acquire those sex offenders attending and employed at their institution of higher education by using the following instructions: go to the Inquiry Menu of LEADS 2000 under Miscellaneous Inquiry click on Summary Inquiry under drop down box select LZE9 go to sex offender status and enter EMP-STU go to Criteria box and enter COU in first box go to next box and enter the three digit numeric county code for the county of selection;! if the institution of higher education where a sex offender is attending does not have a campus police department with a LEADS terminal, the agency of jurisdiction where the institution of higher education is located shall provide the board of higher education or other appropriate administrative office of each non-public institution of higher education a list of those sex offenders employed or attending the institution of higher education in a prompt manner;! the campus police, board of higher education, or other appropriate administrative office is responsible for providing name, address, date of birth, place of employment, school attended, and offense or adjudication to those individuals on campus requesting information concerning sex offenders attending or employed at the institution of higher education;! if the campus police, board of higher education, or other appropriate administrative office needs immediate information, they should call the local agency of jurisdiction for information regarding sex offenders who are attending, employed, or carrying on a vocation at the institution of higher education;! an employment/institution of higher education form will be provided to the agency of jurisdiction where the institution of higher education is located by ISP, and the agency with jurisdiction must complete this form and forward it to ISP within three days; and! adjudicated juvenile delinquent sex offender information is to be provided to licensed day cares, schools, and institutions of higher education. Adjudicated juvenile delinquent sex offender information is not open to general public inspection unless, at the discretion of ISP or other law enforcement agency, it is determined a person s safety may be compromised. -32-

34 8 Genetic Marker (DNA) Indexing Program The DNA Indexing Program was established July 1, 1990, as a result of legislation that was signed on September 8, 1989 (730 ILCS 5/5-4-3). The program was designed for the collection and DNA analysis of blood samples from any person convicted of any offense classified as a felony under Illinois law regardless of the sentence or disposition imposed or given supervision for such an offense under the Juvenile Court Act of The effective date of the amendatory Act of the 92 nd General Assembly is August 22, Blood samples will be drawn for individuals institutionalized as sexually dangerous, sexually violent, or convicted and/or given a disposition of court supervision for the commission or attempt to commit the following:! 5/ sexual exploitation of a child; and! 5/12-15 criminal sexual abuse. Juveniles are subject to all provisions as are persons transferring residency to Illinois under Sections through of the Unified Code of Corrections (Interstate Compact for the Supervision of Parolees and Probationers) or the Interstate Agreements on Sexually Dangerous Persons Act. Any person incarcerated in a facility of the Illinois Department of Corrections on or after the effective date of this amendatory Act of the 92 nd General Assembly, August 22, 2002, shall be required to submit a specimen of blood prior to his or her release on parole or mandatory supervised release, as a condition of his or her parole or mandatory supervised release. Any person required to submit specimens of blood shall provide specimens within 45 days after sentencing or disposition at the collection site designated by ISP, or within 45 days after being accepted for conditional residency in Illinois under the interstate compact agreement but no later than 45 days after arrival in this state. However, the failure of a person to provide a specimen, or of any person or agency to collect a specimen within the 45 day period, shall not alter the obligation of the person to submit the specimen, or the authority of ISP to accept the specimen. -33-

35 Responsibilities: Court/State s Attorney! Must request the court issue an order at the time of sentencing or upon request of the supervising agency; and! no court order is required for convictions after July 1, 1990, if the offender consents voluntarily. Sheriff s Department! The sheriff s department in the county where the offender is sentenced is responsible for sample collection within 45 days of sentencing;! sample shall be drawn before transfer to IDOC; and! completes the Blood Sample Collection Record and forwards with the offender s records which serves as notification to IDOC that the sample has been drawn. Illinois Probation and Court Services Department! Responsible for sample collection of those offenders under their supervision including offenders from other states. Illinois Department of Corrections! IDOC is responsible for sample collection for those offenders not previously drawn in the county of sentencing. Illinois State Police! Provides the DNA indexing kit for sample collection;! responsible for the cost of mailing the kit from the vendor to the agency and from the agency to ISP, Springfield DNA Indexing laboratory;! responsible for conducting genetic marker analysis and computerization of offender s DNA profile;! searches the database with evidence from unsolved crimes; and! associates serial crimes. -34-

36 9 Illinois State Police Responsibilities! Administer the Sex Offender Registration Program;! develop and maintain policies and procedures relating to the Sex Offender Registration Program;! establish a system of expungement to remove names of convicted sex offenders following termination of their requirement to register;! establish a system to inform the law enforcement community of quarterly and annual registration renewal requirements;! establish a system to inform victims requesting notification of offender activity;! forward sex offender conviction data and fingerprints to the FBI in a timely manner;! inform out-of-state law enforcement agencies, in a timely manner, when a sex offender who is required to register moves from Illinois into their state;! extend the 10 year registration period of any sex offender who violates the Sex Offender Registration Act;! make information and photos contained in the Statewide Sex Offender Database accessible on the Internet at provide sex offender registration and notification forms to local agencies for registration of sex offenders;! publish a guide to sex offender registration for agencies involved in the registration process of sex offenders;! notify and provide information to the law enforcement agencies having jurisdiction where the person expects to reside, work, and/or attend school/institution of higher education after his or her release, and any and all changes to this information, through LEADS;! send a registered letter to the law enforcement agency where the sex offender resides within three days after the administrative extension of the sex offender s registration period (effective January 1, 2006); and! promulgate rules in accordance with the Illinois Administrative Procedure Act. Operational Efforts! Provide threat assessments, tracking upon request;! provide tactical case assistance;! develop and conduct informational training sessions for participating agencies;! mail quarterly non-forwardable address verification letters to each sex offender who has been adjudicated to be sexually dangerous or sexually violent; -35-

37 ! mail annual non-forwardable address verification letters to each registrable sex offender; and! calculate all sex offender s registration periods. -36-

38 10 Sex Offender Forms! Provide accurate information for the Sex Offender Notification and Registration Forms to include current address, current place of employment, school/institution of higher education attended;! read and sign the Sex Offender Notification and Registration Forms to substantiate proof of understanding the requirements set forth in the Sex Offender Registration Act; and! complete, sign, and return annual or quarterly address verification letters to ISP. Registration! Report and register, in person, to the agency of jurisdiction within five days when any of the following events occur: C Release from a correctional facility; C release from a treatment facility; C date of conviction if sentenced to probation; C relocation out-of-state; C relocation within Illinois; C a permanent change of residence; C a temporary change of residence of five or more days; C employment and any changes; C school enrollment and any changes; C institution of higher education enrollment; and C changes with the jurisdiction of residence;! provide positive identification and documentation that substantiates proof of residence at the registering address;! provide employment information (i.e. business name, address, and telephone number) to the agency having jurisdiction during initial or annual registration;! multiple business or work locations must also be reported to the agency having jurisdiction; and! provide a copy of the court conviction when moving to Illinois from another state; and! sign a statement that he or she understands that according to Illinois law, he or she may not reside within 500 feet of a school, playground, or any facility providing programs or services exclusively directed -37-

39 toward persons under 18 years of age unless otherwise exempt according to 720 ILCS 5/ and 9.4. (Effective January 1, 2006) Change of Address! Notify agency of jurisdiction, in person, within five days of change of address (Notification must occur, even if the registrant is moving to another address within the same jurisdiction); and! report, in person, within five days to the new agency of jurisdiction to register. Change of Employment! If currently registered, notify in person, the registering agency of name, address, and telephone number of the new employment within five days of the change; and! sex offenders are required to notify the registering jurisdiction, in person, of any and all changes in employment within five days of this change. Out-of-State Employees or Students! A sex offender employed in Illinois, but living out-of-state, shall register with the chief of police of the municipality or the sheriff of the county in which he or she is employed. Registration is required within five days of beginning employment if the sex offender is employed in Illinois or for an aggregate period of time of 30 or more days during any calendar year;! a sex offender who establishes a residence outside of the State of Illinois, is employed outside the State of Illinois, or attends school outside of Illinois, must register in the new state five days prior to establishing the residence, beginning employment or beginning school (this includes offenders who are enrolled on a full-time or part-time basis in any public or private education institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher education for a period of time of five or more days, or an aggregate period of 30 or more days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit);! out-of-state student means any sex offender, sexual predator, sexually dangerous, or sexually violent person enrolled in Illinois on a full-time or part-time basis, in any public or private educational school, trade or professional institution, or institution of higher education;! a sex offender from out-of-state, but enrolled in a school in Illinois, must register with the chief of police of the municipality or the sheriff of the county in which he/she is enrolled. Registration is required within five days of beginning school; and -38-

40 ! out-of-state employees or students are required to notify the agency having jurisdiction of any and all changes of employment or education status, in person, within five days of the change. Students Attending or Employed at Institutions of Higher Education (Full-Time or Part-Time Basis)! A sex offender attending or employed, or carrying on a vocation at an institution of higher education located in the same area as their residence: shall register their employment and any and all changes of employment, in person, with the jurisdiction of residence; shall register their school status (termination, commencement, and any and all changes), in person, with the jurisdiction of residence;! a sex offender attending or employed, or carrying on a vocation at an institution of higher education that is not located in the jurisdiction of residence: shall register employment and any and all changes of employment, in person, with the jurisdiction of residence; shall register school status (termination, commencement, and any and all changes), in person, with the jurisdiction of residence; and employment and institution of higher education status and all changes of employment and institution of higher education status shall also be registered, in person, with the agency where the institution of higher education is located. Annual or Quarterly Registration Annual Registration An offender is required to report in person within one year of his/her last registration (includes initial registration, annual registration, or address change) to the law enforcement agency having jurisdiction. Sex offenders that are convicted of a violation of the Act after July 1, 2005 must register in person within 90 days of his/her last registration and every 90 days thereafter until their period of registration has expired. Annual registrations can be accomplished early. Additional Registrations (Effective January 1, 2006) The law enforcement agency having jurisdiction has the discretion to require a sex offender to register up to an additional 4 times per year. -39-

41 Quarterly Registration Any offender with a finding or adjudication as a sexually dangerous or sexually violent person is required to report, in person, within five days of being released, to the agency having jurisdiction and every 90 days thereafter for the period of his or her natural life. Any offender that is convicted of violating the Act after July 1, 2005, shall report in person to the agency having jurisdiction every 90 days to renew their registration until their registration expiration date. Term of Registration Sex offenders are required to register for 10 years from the date of conviction if sentenced to probation or 10 years from date of parole, discharge, or release if confined. Sexually Violent Persons, Sexually Dangerous Persons, and those offenders convicted of violating the Act after July 1, 2005 are required to register every 90 days. Sexually Dangerous and Sexually Violent persons register for the period of his or her natural life. Reconfinement due to violation of parole or other circumstances which relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release. Sexual Predators are required to register once a year for their natural life unless they are convicted of a violation of the Act after July 1, Sexual Predators that are convicted of a violation of the Act after July 1, 2005 are required to register every 90 days for natural life. If a sex offenders registration period is extended, the sex offender shall report to the law enforcement agency where the offender resides and sign for a letter sent by the Department of State Police notifying the offender of the extension (Effective January 1, 2006). 10 Year Extension 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. Fees 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. The agency shall establish procedures to document receipt and use of the fees. -40-

42 11 Adjudicated Juvenile Delinquent Sex Offender A juvenile convicted as an adult in a criminal court is treated as an adult in every aspect of sex offender registration and community notification. Juveniles convicted as adults will be classified as sex offenders or sexual predators based on the offense for which they were convicted. Juveniles who have been convicted as adults are subject to full community notification. This chapter pertains to juveniles who were not treated as an adult in criminal court and were adjudicated a juvenile delinquent sex offender in juvenile court. Adjudicated juvenile delinquent sex offenders can be deemed sexually dangerous, sexually violent, and a sexual predator. Registration! Report and register, in person, their residence, place of employment, school and institution of higher education attending accompanied by a parent, legal guardian, or other court appointed official, to the agency of jurisdiction within five days when any of the following events occur; C release from a correctional facility; C release from a treatment facility; C date of adjudication; C relocation out-of-state; C relocation to Illinois; C a permanent change of residence; and C a temporary change of residence for five or more days;! fingerprint and photograph;! DNA - Please refer to Chapter 8;! provide positive identification and documentation which substantiates proof of residence at the registering address;! provide employment and school/institution of higher education information in person (i.e., business name and address, school attending) to the agency having jurisdiction during initial or annual registration;! fingerprint the adjudicated juvenile delinquent sex offender and submit to ISP, Bureau of Identification, 260 North Chicago Street, Joliet, Illinois ; and -41-

43 ! provide a copy of the court documents when moving to Illinois from another state. Change of Address! Notify agency of jurisdiction in person within five days of change of address, place of employment and school (Notification must occur, even if the registrant is moving to another address within the same jurisdiction); and! report in person within five days to the new agency of jurisdiction to register. Employment/Educational Status! If currently registered, notify in person, the registering agency of name, address, and telephone number of new employment/education status within five days of the change; and! if moving to a new jurisdiction, the juvenile sex offender must register, in person, with the agency of jurisdiction reporting their employment and educational status within five days of this change. Out-of-State Employees or Students! A sex offender employed in Illinois, but living out-of-state, shall register with the chief of police of the municipality, or the sheriff of the county in which he or she is employed. Registration is required within five days of beginning employment;! a sex offender enrolled in a school in Illinois must register with the chief of police of the municipality or the sheriff of the county in which he/she is enrolled. Registration is required within five days of beginning school; and! out-of-state employees or students are required to notify the agency having jurisdiction of any change of employment or educational status, in person, within five days of the change. School/Institution of Higher Education Students! An adjudicated juvenile delinquent sex offender attending or employed at an institution of higher education is required to register in person employment and school status with the agency of jurisdiction where the sex offender resides;! an adjudicated juvenile delinquent sex offender attending or employed at an institution of higher education is also required to register both employment and school status with the jurisdiction where the institution of higher education is located if the jurisdiction is not the same as their residence; and! any changes of employment and school status must be registered, in person, if attending an institution of higher education. -42-

44 Annual Registration An adjudicated juvenile delinquent sex offender is required to report, in person, within one year of his/her last registration (includes initial registration, annual registration, or address change) to the law enforcement agency having jurisdiction. An adjudicated juvenile delinquent sex offender that is convicted of a violation of the Act after July 1, 2005 must register in person within 90 days of his/her last registration and every 90 days thereafter. The adjudicated juvenile delinquent sex offender must be accompanied by a parent, legal guardian, or other court appointed official until he or she reaches the age of 18. Annual registrations can be accomplished early. The agency should:! run a complete criminal history and the LEADS number;! complete the Sex Offender Registration Form;! fingerprint and take a photograph; and! using the normal entry source, update the record in LEADS within three days. Additional Registrations (Effective January 1, 2006) The law enforcement agency having jurisdiction has the discretion to require a sex offender to register up to four additional times per year. Adjudicated Juvenile Offenders Registering as Adult Offenders (Effective January 1, 2006) 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. 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 (Effective January 1, 2006). Term of Registration Adjudicated juvenile delinquent sex offenders are required to register for 10 years from the date of adjudication if sentenced to probation or 10 years from parole, discharge, or release if confined. Adjudicated juvenile delinquent sex offenders that are deemed to meet the criteria of being a sexual predator shall register for natural life. (See Chapter 12). Registration of juveniles upon attaining 17 years of age shall not extend the original registration of 10 years from the date of conviction if the offender is not deemed a sexual predator (Effective January 1, 2006). Fees 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. -43-

45 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. The agency shall establish procedures to document receipt and use of the fees. Fees for employment and/or school/institution of higher education changes, unless in conjunction with annual registration requirement, will not be collected. Community Notification Information regarding adjudicated juvenile delinquent sex offenders shall be provided to licensed day care providers, schools, and institutions of higher education on a quarterly basis. Information for juveniles shall contain a clear notation indicating juvenile sex offender information cannot be disseminated to the public. Names and other information regarding juvenile sex offenders shall not be placed on the Internet or made available to the public with the exception that law enforcement agencies have the discretion to provide information to the public when public safety is threatened; however, this must be determined on a case-by-case basis. 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. Community notification of those offenders reaching age 17, will be treated as adult offenders. For purposes of community notification, the adjudicated juvenile delinquent sex offender that has not attained the age of 17, shall continue to be treated as a juvenile. (Effective January 1, 2006) Community Notification of Juvenile Sex Offenders Attending School The agency registering a juvenile sex offender shall ascertain from the juvenile sex offender whether the juvenile sex offender is enrolled in school; and if so, shall provide a copy of the sex offender registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept separately from any and all school records maintained on behalf of the juvenile sex offender. Penalties If an adjudicated juvenile delinquent sex offender fails to comply with the provisions of the Registration Act, the court shall determine whether to handle the matter in criminal or juvenile court. Failure to comply with the registration act will also result in a 10-year extension of the requirement to register as a sex offender, unless already deemed a lifetime registrant. -44-

46 Schools and Parks Under the law, the adjudicated juvenile delinquent sex offender is not defined as a child sex offender. School and park legislation restrictions for child sex offenders do not apply to the adjudicated juvenile delinquent sex offender. It is suggested officials from park districts throughout Illinois contact their local police or sheriff s department to request all employees/volunteers, as well as any adjudicated juvenile delinquent workers, be checked in the statewide sex offender database. -45-

47 12 Sexual Predator Definition Sexual predator means any person who is convicted of a violation or attempt of any of the following Sections of the Criminal Code of 1961, and the conviction occurred after July 1, 1999: C keeping a place of juvenile prostitution; 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 aggravated criminal sexual abuse; C ritualized abuse of a child; or! convicted of criminal sexual assault on or after July 11, 2005, regardless of the victim s age;! convicted of first degree murder under the Criminal Code of 1961, 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 commission of the offense;! certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, sister state, or foreign country law;! found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, sister state, or foreign country law;! convicted of a second subsequent offense, after July 1, 1999, which requires registration pursuant to this Act; or! convicted for an offense of federal law, Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to the listed offenses above.! Sexual Predators are required to register annually for natural life; unless the sexual predator is convicted of violating the Act after July 1, 2005, then the sexual predator must register every 90 days for natural life. -46-

48 13 Penalty for Failure to Register Registrant Any person required to register who violates any of the provisions of the Sex Offender Registration Act is guilty of a Class 3 felony. A second or subsequent violation of the Registration Act, is a Class 2 felony. Mandatory minimum fine of $500 is incurred for failure to comply with the Act: C 730 ILCS 150/3 Violation of Duty to Register; C 730 ILCS 150/6 Violation of Change of Address or Employment; C 730 ILCS 150/10 Violation of Change of Name; Violation of Wilfully providing False Information; and Other sex offender violations not under the Sex Offender Registration Act: C 720 ILCS 5/ Violation of Presence within School Zone; Violation of residence by a school; C 720 ILCS 5/ Violation of Public Park Zone Violation of Sex offender residing by victim; 720 ILCS 5/11-24 Violation of knowingly conduct or operate a business that photographs or videotapes children. Required Confinement In addition to any other penalty required by law, the offender shall be required to serve a minimum period of seven days confinement in a local county jail. A sentence of supervision shall not be imposed. Required Fine In addition to the mandatory confinement, a sex offender shall pay a mandatory minimum fine of $500. Half the money should be allocated to the sheriff s offices and police departments and half the money shall be allocated to the Illinois State Police Sex Offender Registration Unit for education and administration of the Act. -47-

49 Extension of Registration Failure to comply with the Sex Offender Registration Act will result in a 10-year extension of the registration period. The 10-year extension starts when the sex offender registers after the violation. If a sex offender or sexual predator is convicted for a violation of the Act after July 1, 2005, he or she will be required to register every 90 days for the remainder of their registration period. Sex Offenders Under Supervision C Violations of the Sex Offender Registration Act shall result in revocation of parole, mandatory supervised release, or conditional release; and C violations of the Sex Offender Registration Act shall result in probation revocation. -48-

50 14 Access to Sex Offender Registration Records Law Enforcement Agencies Law enforcement agencies shall be able to exchange information to help in the tracking and monitoring of sex offenders in Illinois. Public The public is authorized access to the name, address, date of birth, and offense or adjudication of sex offenders who are required to register in accordance with the Sex Offender and Child Murderer Community Notification Law with the exception of adjudicated juvenile delinquent sex offender information. Law enforcement agencies have the discretion to provide any information contained in the registry, including photographs but excluding information which would help identify the victim to the public. Only institution of higher education and employment information of sex offenders employed or attending the institution of higher education can be released to the public at the institution of higher education. -49-

51 Appendix A The Sex Offender Registration Act -50-

52 Sex Offender Registration Act (Heading chgd. by P.A. 89-8, Section 20-20, eff. 1/1/96.) (730 ILCS 150/Act title) An Act to require the registration of sex offenders and in relation to the confidentiality of information concerning minor victims of sex offenses and concerning missing children. (730 ILCS 150/1) Section 1. Short Title. This Article may be cited as the Sex Offender Registration Act. (Chgd. by P.A. 89-8, Section 20-20, eff. 1/1/96.) (730 ILCS 150/2) (from Ch. 38, par. 222) (Text of Section from P.A ) Sec. 2. Definitions. (A) As used in this Article, "sex offender" means any person who is: (1) charged pursuant to Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with a sex offense set forth in subsection (B) of this Section or the attempt to commit an included sex offense, and: (a) is convicted of such offense or an attempt to commit such offense; or (b) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or (c) is found not guilty by reason of insanity pursuant to Section (c) of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (d) 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 for the alleged commission or attempted commission of such offense; or (e) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section (c) of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or (f) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section (a) of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or (2) certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or (3) subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act; or (4) found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or -51-

53 (5) adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B), (C), or (C-5) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B), (C), or (C-5) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Article as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Article. For purposes of this Section, "convicted" shall have the same meaning as "adjudicated". For the purposes of this Article, a person who is defined as a sex offender as a result of being adjudicated a juvenile delinquent under paragraph (5) of this subsection (A) upon attaining 17 years of age shall be considered as having committed the sex offense on or after the sex 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. (B) As used in this Article, "sex offense" means: (1) A violation of any of the following Sections of the Criminal Code of 1961: (child pornography), 11-6 (indecent solicitation of a child), (sexual exploitation of a child), (custodial sexual misconduct), (soliciting for a juvenile prostitute), (patronizing a juvenile prostitute), (keeping a place of juvenile prostitution), (juvenile pimping), (exploitation of a child), (criminal sexual assault), (aggravated criminal sexual assault), (predatory criminal sexual assault of a child), (criminal sexual abuse), (aggravated criminal sexual abuse), (ritualized abuse of a child). An attempt to commit any of these offenses. (1.5) 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: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), (aggravated unlawful restraint). An attempt to commit any of these offenses. (1.6) First degree murder under Section 9-1 of the Criminal Code of 1961, 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 commission of the offense. (1.7) (Blank). -52-

54 (1.8) A violation or attempted violation of Section (sexual relations within families) of the Criminal Code of 1961, and the offense was committed on or after June 1, (1.9) Child abduction under paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 committed by luring or attempting to lure a child under the age of 16 into a motor vehicle, building, house trailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose and the offense was committed on or after January 1, (1.10) A violation or attempted violation of any of the following Sections of the Criminal Code of 1961 when the offense was committed on or after 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), (pimping, if the victim is under 18 years of age). (1.11) A violation or attempted violation of any of the following Sections of the Criminal Code of 1961 when the offense was committed on or after August : 11-9 (public indecency for a third or subsequent conviction).. (1.12) A violation or attempted violation of Section 51 of the Wrongs to Children Act (permitting sexual abuse) when the offense was committed on or after August 22, (2) A violation of any former law of this State substantially equivalent to any offense listed in subsection (B) of this Section. (C) A conviction for an offense of federal law, Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to any offense listed in subsections (B), (C), and (E) of this Section shall constitute a conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person or a sexually violent person under any federal law, Uniform Code of Military Justice, or the law of another state or foreign country that is substantially equivalent to the Sexually Dangerous Persons Act or the Sexually Violent Persons Commitment Act shall constitute an adjudication for the purposes of this Article. (C-5) A person at least 17 years of age at the time of the commission of the offense who is convicted of first degree murder under Section 9-1 of the Criminal Code of 1961, against a person under 18 years of age, shall be required to register for natural life. A conviction for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in subsection (C-5) of this Section shall constitute a conviction for the purpose of this Article. This subsection (C-5) applies to a person who committed the offense before June 1, 1996 only if the person is incarcerated in an Illinois Department of Corrections facility on August 20, 2004 (the effective date of Public Act ). (D) As used in this Article, "law enforcement agency having jurisdiction" means the Chief of Police in each of the municipalities in which the sex offender expects to reside, work, or attend school (1) upon his or her discharge, parole or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no Police Chief exists or if the offender intends to reside, work, or attend school in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register. (E) As used in this Article, "sexual predator" means any person who, after July 1, 1999, is: (1) Convicted for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in -53-

55 subsection (E) of this Section shall constitute a conviction for the purpose of this Article. Convicted of a violation or attempted violation of any of the following Sections of the Criminal Code of 1961, if the conviction occurred after July 1, 1999: (keeping a place of juvenile prostitution), (juvenile pimping), (exploitation of a child), (child pornography), (criminal sexual assault), (aggravated criminal sexual assault), (predatory criminal sexual assault of a child), (aggravated criminal sexual abuse), (ritualized abuse of a child); or (2) convicted of first degree murder under Section 9-1 of the Criminal Code of 1961, 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 commission of the offense; or (3) certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or (4) found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or (5) convicted of a second or subsequent offense which requires registration pursuant to this Act. The conviction for the second or subsequent offense must have occurred after July 1, For purposes of this paragraph (5), "convicted" shall include a conviction under any substantially similar Illinois, federal, Uniform Code of Military Justice, sister state, or foreign country law. (F) As used in this Article, "out-of-state student" means any sex offender, as defined in this Section, or sexual predator who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher learning. (G) As used in this Article, "out-of-state employee" means any sex offender, as defined in this Section, 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. Persons who operate motor vehicles in the State accrue one day of employment time for any portion of a day spent in Illinois (H) As used in this Article, "school" means any public or private educational institution, including, but not limited to, any elementary or secondary school, trade or professional institution, or institution of higher education. (I) As used in this Article, fixed residence means any and all places that a sex offender resides for an aggregate period of time of 5 or more days in a calendar year. (Source: P.A , eff ; , eff ) (730 ILCS 150/3) (from Ch. 38, par. 223) Sec. 3. Duty to register. (a) A sex offender, as defined in Section 2 of this Act, or sexual predator shall, within the time period prescribed in subsections (b) and (c), register in person and provide accurate information as required by the Department of State Police. Such information shall include a -54-

56 current photograph, current address, current place of employment, the employer s telephone number, school attended, extensions of the time period for registering as provided in this Article and, if an extension was granted, the reason why the extension was granted and the date the sex offender was notified of the extension. 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. The sex offender or sexual predator shall register: (1) with the chief of police in the municipality in which he or she resides or is temporarily domiciled for a period of time of 5 or more days, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or (2) with the sheriff in the county in which he or she resides or is temporarily domiciled for a period of time of 5 or more days in an unincorporated area or, if incorporated, no police chief exists. If the sex offender or sexual predator is employed at or attends an institution of higher education, he or she shall register: (i) with the chief of police in the municipality in which he or she is employed at or attends an institution of higher education, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or (ii) with the sheriff in the county in which he or she is employed or attends an institution of higher education located in an unincorporated area, or if incorporated, no police chief exists. For purposes of this Article, the place of residence or temporary domicile is defined as any and all places where the sex offender resides for an aggregate period of time of 5 or more days during any calendar year. Any person required to register under this Article who lacks a fixed address or temporary domicile must notify, in person, the agency of jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence. Any person who lacks a fixed residence must report weekly, in person, with the sheriff s office of the county in which he or she is located in an unincorporated area, or with the chief of police in the municipality in which he or she is located. The agency of jurisdiction will document each weekly registration to include all the locations where the person has stayed during the past 7 days. The sex offender or sexual predator shall provide accurate information as required by the Department of State Police. That information shall include the sex offender's or sexual predator's current place of employment. (a-5) An out-of-state student or out-of-state employee shall, within 5 days after beginning school or employment in this State, register in person and provide accurate information as required by the Department of State Police. Such information will include current place of employment, school attended, and address in state of residence. The out-of-state student or out-of-state employee shall register: (1) with the chief of police in the municipality in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or (2) with the sheriff in the county in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists. -55-

57 The out-of-state student or out-of-state employee shall provide accurate information as required by the Department of State Police. That information shall include the out-of-state student's current place of school attendance or the out-of-state employee's current place of employment. (b) Any sex offender, as defined in Section 2 of this Act, or sexual predator, regardless of any initial, prior, or other registration, shall, within 5 days of beginning school, or establishing a residence, place of employment, or temporary domicile in any county, register in person as set forth in subsection (a) or (a-5). (c) The registration for any person required to register under this Article shall be as follows: (1) Any person registered under the Habitual Child Sex Offender Registration Act or the Child Sex Offender Registration Act prior to January 1, 1996, shall be deemed initially registered as of January 1, 1996; however, this shall not be construed to extend the duration of registration set forth in Section 7. (2) Except as provided in subsection (c)(4), any person convicted or adjudicated prior to January 1, 1996, whose liability for registration under Section 7 has not expired, shall register in person prior to January 31, (2.5) Except as provided in subsection (c)(4), 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. Upon notification the person must then register within 5 days of notification of his or her requirement to register. If notification is not made within the offender's 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register under this Act. (3) Except as provided in subsection (c)(4), any person convicted on or after January 1, 1996, shall register in person within 5 days after the entry of the sentencing order based upon his or her conviction. (4) Any person unable to comply with the registration requirements of this Article because he or she is confined, institutionalized, or imprisoned in Illinois on or after January 1, 1996, shall register in person within 5 days of discharge, parole or release. (5) The person shall provide positive identification and documentation that substantiates proof of residence at the registering address. (6) The person shall pay a $20 initial registration fee and a $10 annual renewal fee. The fees shall be used by the registering agency for official purposes. The agency shall establish procedures to document receipt and use of the funds. The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee. Ten dollars for the initial registration fee and $5 of the annual renewal fee shall be used by the registering agency for official purposes. Ten dollars of the initial registration fee and $5 of the annual fee shall be deposited into the Sex Offender Management Board Fund under Section 19 of the Sex Offender Management Board Act. Money deposited into the Sex Offender Management Board Fund shall be administered by the Sex Offender Management Board and shall be used to fund practices endorsed or required by the Sex Offender Management Board Act including but not limited to sex offenders evaluation, treatment, or monitoring programs that are or may be developed, as well as for administrative costs, including staff, incurred by the Board. (d) Within 5 days after obtaining or changing employment and, if employed on January 1, 2000, within 5 days after that date, a person required to register under this Section must report, in person to the law enforcement agency having jurisdiction, the business name and -56-

58 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. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 150/4) (from Ch. 38, par. 224) Sec. 4. Discharge of sex offender, as defined in Section 2 of this Act, or sexual predator from Department of Corrections facility or other penal institution; duties of official in charge. Any sex offender, as defined in Section 2 of this Act, or sexual predator, as defined by this Article, who is discharged, paroled or released from a Department of Corrections facility, a facility where such person was placed by the Department of Corrections or another penal institution, and whose liability for registration has not terminated under Section 7 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 5 days of release by the facility or institution in which he or she was confined. The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning employment, or beginning school. The facility shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall further advise the person in writing that the failure to register or other violation of this Article shall result in revocation of parole, mandatory supervised release or conditional release. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole or release and shall report the information to the Department of State Police. The facility shall give one copy of the form to the person and shall send one copy to each of the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her discharge, parole or release and retain one copy for the files. Electronic data files which includes 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 the Department of State Police and the Department of Corrections. (Source: P.A , eff ; , eff ) (730 ILCS 150/5) (from Ch. 38, par. 225) Sec. 5. Release of sex offender, as defined in Section 2 of this Act, or sexual predator; duties of the Court. Any sex offender, as defined in Section 2 of this Act, or sexual predator, as defined by this Article, who is released on probation or discharged upon payment of a fine because of the commission of one of the offenses defined in subsection (B) of Section 2 of this Article, shall, prior to such release be informed of his or her duty to register under this Article by the Court in which he or she was convicted. The Court shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning employment, or beginning school. The Court shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The Court shall further advise the -57-

59 person in writing that the failure to register or other violation of this Article shall result in probation revocation. The Court shall obtain information about where the person expects to reside, work, and attend school upon his or her release, and shall report the information to the Department of State Police. The Court shall give one copy of the form to the person and retain the original in the court records. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work and attend school upon his or her release. (Source: P.A , eff ; , eff ) (730 ILCS 150/5-5) Sec Discharge of sex offender or sexual predator from a hospital or other treatment facility; duties of the official in charge. Any sex offender, as defined in Section 2 of this Act, or sexual predator, as defined in this Article, who is discharged or released from a hospital or other treatment facility where he or she was confined shall be informed by the hospital or treatment facility in which he or she was confined, prior to discharge or release from the hospital or treatment facility, of his or her duty to register under this Article. The facility shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall give one copy of the form to the person, retain one copy for their records, and forward the original to the Department of State Police. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole, or release and shall report the information to the Department of State Police within 3 days. The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning school, or beginning employment. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her release. (Source: P.A , eff ; , eff ) (730 ILCS 150/5-10) Sec Nonforwardable verification letters. The Department of State Police shall mail a quarterly nonforwardable verification letter to each registered person who has been adjudicated to be sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, beginning 90 days from the date of his or her last registration. To any other person registered under this Article, the Department of State Police shall mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. A person required to register under this Article who is mailed a verification letter shall complete, sign, and return the enclosed verification form to the Department of State Police postmarked within 10 days after the mailing date of the letter. A person's failure to return the verification form to the Department of State Police within 10 days after the mailing date of the letter shall be considered a violation of this Article. (Source: P.A , eff ; 91-48, eff ) -58-

60 (730 ILCS 150/6) (from Ch. 38, par. 226) Sec. 6. Duty to report; change of address, school, or employment; duty to inform. A person who has been adjudicated to be sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, or convicted of a violation of this Act after July 1, 2005, shall report in person to the law enforcement agency with whom he or she last registered no later than 90 days after the date of his or her last registration and every 90 days thereafter and at such times at the request of the law enforcement agency not to exceed 4 times a year. Any person who lacks a fixed residence must report weekly, in person, to the appropriate law enforcement agency where the sex offender is located. Any other person who is required to register under this Article shall report in person to the appropriate law enforcement agency with whom he or she last registered within one year from the date of last registration and every year thereafter and at other such times at the request of the law enforcement agency not to exceed 4 times a year. If any person required to register under this Article lacks a fixed residence or temporary domicile, he or she must notify, in person, the agency of jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence and if the offender leaves the last jurisdiction or residence, he or she, must within 48 hours after leaving register in person with the new agency of jurisdiction. If any other person required to register under this Article changes his or her residence address, place of employment, or school, he or she shall report in person to, within 5 days the law enforcement agency with whom he or she last registered of his or her new address, change in employment, or school and register with the appropriate law enforcement agency within the time period specified in Section 3. The law enforcement agency shall, within 3 days of the reporting in person by the person required to register under this Article, notify the Department of State Police of the new place of residence, change in employment, or school. If any person required to register under this Article intends to establish a residence or employment outside of the State of Illinois, at least 5 days before establishing that residence or employment, he or she shall report in person to the law enforcement agency with which he or she last registered of his or her out-of-state intended residence or employment. The law enforcement agency with which such person last registered shall, within 3 days after the reporting in person of the person required to register under this Article of an address or employment change, notify the Department of State Police. The Department of State Police shall forward such information to the out-of-state law enforcement agency having jurisdiction in the form and manner prescribed by the Department of State Police. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 150/6-5) Sec Out-of-State employee or student; duty to report change. Every out-of-state student or out-of-state employee must notify the agency having jurisdiction of any change of employment or change of educational status, in writing, within 5 days of the change. The law enforcement agency shall, within 3 days after receiving the notice, enter the appropriate changes into LEADS. (Source: P.A , eff ) (730 ILCS 150/7) (from Ch. 38, par. 227) Sec. 7. Duration of registration. A person who has been adjudicated to be sexually dangerous and is later released or found to be no longer sexually dangerous and discharged, shall register for the period of his or her natural life. A sexually violent person or sexual predator shall register for the period of his or her natural life after conviction or adjudication if not confined to a penal institution, hospital, or other institution or facility, and if confined, for -59-

61 the period of his or her natural life after parole, discharge, or release from any such facility. Any other person who is required to register under this Article shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 10 years after parole, discharge or release from any such facility. A sex offender who is allowed to leave a county, State, or federal facility for the purposes of work release, education, or overnight visitations shall be required to register within 5 days of beginning such a program. Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility and if confined, at the expiration of 10 years from the date of parole, discharge or release from any such facility, providing such person does not, during that period, again become liable to register under the provisions of this Article. 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 Director of State Police, consistent with administrative rules, shall extend for 10 years the registration period of any sex offender, as defined in Section 2 of this Act, who fails to comply with the provisions of this Article. The registration period for any sex offender who fails to comply with any provision of the Act shall extend the period of registration by 10 years beginning from the first date of registration after the violation. If the registration period is extended, the Department of State Police shall send a registered letter to the law enforcement agency where the sex offender resides within 3 days after the extension of the registration period. The sex offender shall report to the law enforcement agency and sign for that letter. One copy of that 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. (Source: P.A , eff ; , eff ) (730 ILCS 150/8) (from Ch. 38, par. 228) Sec. 8. Registration Requirements. Registration as required by this Article shall consist of a statement in writing signed by the person giving the information that is required by the Department of State Police, which may include the fingerprints and must include a current photograph of the person, to be updated annually. If the sex offender is a child sex offender as defined in Section or of the Criminal Code of 1961, he or she shall sign a statement that hee 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, or playground. The offender may also not reside within 500 feet of a facility providing services directed exclusively toward persons under 18 years of age unless the sex offender meets specified exemptions. The registration information must include whether the person is a sex offender as defined in the Sex Offender and Child Murderer Community Notification Law. Within 3 days, the registering law enforcement agency shall forward any required information to the Department of State Police. The registering law enforcement agency shall enter the information into the Law Enforcement Agencies Data System (LEADS) as provided in Sections 6 and 7 of the Intergovernmental Missing Child Recovery Act of (Source: P.A , eff ) (730 ILCS 150/8-5) Sec Verification requirements. (a) Address verification. The agency having jurisdiction shall verify the address of sex offenders, as defined in Section 2 of this Act, or sexual predators required to register with their agency at least once per year. The verification must be documented in LEADS in the form and manner required by the Department of State Police. -60-

62 (b) Registration verification. 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. (Source: P.A , eff ; , eff ) (730 ILCS 150/9) (from Ch. 38, par. 229) Sec. 9. Public inspection of registration data. Except as provided in the Sex Offender and Child Murderer Community Notification Law, the statements or any other information required by this Article shall not be open to inspection by the public, or by any person other than by a law enforcement officer or other individual as may be authorized by law and shall include law enforcement agencies of this State, any other state, or of the federal government. Similar information may be requested from any law enforcement agency of another state or of the federal government for purposes of this Act. It is a Class B misdemeanor to permit the unauthorized release of any information required by this Article. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 150/10) (from Ch. 38, par. 230) Sec. 10. Penalty. Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 3 felony. Any person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony. Any person who is required to register under this Article who knowingly or wilfully gives material information required by this Article that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article. These fines shall be deposited in the Sex Offender Registration Fund. Any sex offender, as defined in Section 2 of this Act, or sexual predator who violates any provision of this Article may be arrested and tried in any Illinois county where the sex offender can be located. The local police department or sheriff s office is not required to determine whether the person is living within its jurisdiction. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 150/10.9) Sec Severability. If a provision or application of this Article is held to be invalid with respect to any person or class of persons, that invalidity does not affect other persons or classes of persons whose registration obligations can be given effect without the invalid provision or application. To this end an invalid provision or application of this Article is declared to be severable. (Source: P.A. 89-8, eff ) (730 ILCS 150/11) Sec. 11. Sex offender registration fund. There is created the Sex Offender Registration Fund. Moneys in the Fund shall be used to cover costs incurred by the criminal justice system to administer this Article. The Department of State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Fifty percent of the moneys in the -61-

63 Fund shall be allocated by the Department for sheriffs' offices and police departments. The remaining moneys in the Fund shall be allocated to the Illinois State Police Sex Offender Registration Unit for education and administration of the Act. (Source: P.A , eff ) (730 ILCS 150/12) Sec. 12. Access to State of Illinois databases. The Department of State Police shall have access to State of Illinois databases containing information that may help in the identification or location of persons required to register under this Article. Interagency agreements shall be implemented, consistent with security and procedures established by the State agency and consistent with the laws governing the confidentiality of the information in the databases. Information shall be used only for administration of this Article. -62-

64 A Guide to Sex Offender and Child Murderer Community Notification Law in Illinois

65 BOOK TWO - Community Notification Table of Contents Chapter 1. Qualifying Sex Offenses Under the Sex Offender and Child Murderer Community Notification Law... 1 Chapter 2. Definitions... 4 Chapter 3. Registry Information and Length of Registration... 6 Chapter 4. Illinois State Board of Higher Education... 8 Chapter 5. Illinois Department of Children & Family Services... 9 Chapter 6. Illinois State Board of Education Chapter 7. Illinois State Police Chapter 8. Victim Notification Chapter 9. Law Enforcement Agency of Jurisdiction The Sex Offender and Child Murderer Community Notification Law... 15

66 1 Qualifying Sex Offenses Under the Sex Offender and Child Murderer Community Notification Law 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. 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 a conviction or attempt of any of the above listed offenses; C a violation of any former law of Illinois substantially equivalent to any offense listed above; 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; C persons under the age of 18 convicted of any of the above listed offenses in criminal courts (not adjudicated in juvenile court); C the offender is found not guilty by reason of insanity; -1-

67 C C 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 Section 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. 720 ILCS 5/ Predatory Criminal Sexual Assault of a Child (Effective June 1, 1996) Where the victim was under the age of 13, the defendant was over the age of 17, and the accused caused great bodily harm to the victim that resulted in permanent disability or was life threatening. This offense 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) 11-6 indecent solicitation of a child; C sexual exploitation of a child; C 12-5 criminal sexual abuse; C sexual relations within families is a violation of the Criminal Code of 1961; and C an attempt to commit any of the above offenses. 720 ILCS 5/10-5 (1.9) - A violation of the Criminal Code of /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. -2-

68 720 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. 720 ILCS 150/0.01 (5.1) - A violation or attempted violation of the Wrongs to Children Act (Effective August 22, 2002) C 5.1 permitting sexual abuse of a child. -3-

69 2 Definitions For purposes of community notification, the following definitions apply: Child care facilities has the meaning set forth in the Child Care Act of 1969 [225 ILCS 10/2.05] but does not include licensed foster homes. This meaning includes licensed child care facilities and child care facilities for which applications for license are processed by the Illinois Department of Children and Family Services. Institution of higher education means the board of institution of higher education or other appropriate administrative office of each non-public institution of higher education licensed by the State Board of Higher Education. Jurisdiction means law enforcement jurisdiction as described in the definition of law enforcement agency having jurisdiction in Section 105 of the law. Law enforcement agency having jurisdiction means the chief of police in the municipality in which the sex offender expects to reside or the sheriff of the county, in the event no police chief exists or if the offender intends to reside in an unincorporated area: C upon his or her discharge, parole, or release; C during the service of his or her sentence of probation or conditional discharge; and C includes the location where an out-of-state student attends school and where an out-of-state employee is employed or is otherwise required to register. Law means the Sex Offender and Child Murderer Community Notification Law [730 ILCS 152/101]. Point of contact means an individual identified by an agency or other entity as the person responsible for accepting and issuing communications relating to the implementation of the provisions of this law. Scheduled notifications means during the first two weeks of February, May, August and November. -4-

70 Schools means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school which has identified itself to the State Board of Education. Victim means the individual subjected to the particular offense for which the perpetrator acquired the status of a sex offender. This term also includes the individual s parent or legal guardian. -5-

71 3 Registry Information and Length of Registration Sex Offender Information The release of information by law enforcement agencies applies to all sex offenders with the exception of juvenile offenders as defined in the Sex Offender Registration Act. Juvenile offenders that attain 17 years of age after July 1, 2006 are to be treated as if their crimes were committed as adults. Therefore, community notification of those juvenile delinquents that attain 17 years of age after July 1, 2006 will mirror that of adult notifications (Note: Effective January 1, 2006). Information regarding sex offenders subject to the law shall be open to the public. The name, address, date of birth, and offense of the sex offender will be provided to all persons or entities receiving information from the registry pursuant to the law. Law enforcement agencies have the discretion to provide any information contained in the registry, including photographs, but excluding information which would help identify the victim to the public. Law enforcement agencies also have the discretion to place sex offender information on the Internet or in other media. Only institution of higher education and employment information of sex offenders employed or attending the institution of higher education can be released to the public at the institution of higher education. Registration and Notification Period Sex offenders are required to register for 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility; and, if confined, are required to register for a period of 10 years after final parole, discharge, or release from any such facility. Reconfinement due to a violation of parole or other circumstances related to the original conviction shall extend a sex offender s registration from final parole, discharge or release of the offender. Sexual predators, sexually violent persons, and sexually dangerous persons are required to register for the period of his or her natural life. The community will be notified of the current status of the sex offender during the entire registration period. -6-

72 Electronic Transmission of Information! Sex offender registration information shall be made available for public inspection according to reasonable procedures set by the department or sheriff, -7-

73 upon request of any person presented in writing, in person, or by telephone. The law enforcement agency may make available the information on all sex offenders residing within any county. Information for adjudicated juvenile delinquent sex offenders shall not be made available for general access unless a risk to the public is determined.! The information contained in the Statewide Sex Offender Database must be accessible on the Internet by means of a hyperlink labeled Sex Offender Information on the Illinois State Police (ISP) World Wide Web Home Page, updated as deemed necessary;! provide the information specified with respect to an adjudicated juvenile delinquent sex offender to any person when that person s safety may be compromised for some reason related to the juvenile sex offender; and! the agency of jurisdiction where a juvenile sex offender registers must forward a copy of the juvenile sex offender s registration form to the school in which the sex offender is attending. A point of contact should be made for receipt of this form. The registration forms shall be kept separate from all other juvenile school records. -8-

74 4 Illinois State Board of Higher Education Responsibilities! Provide to ISP an accurate listing of addresses and points of contact for all school boards of institutions of higher education and the appropriate administrative officer of each non-public institution;! this listing will be provided to ISP at least 30 days prior to the beginning of scheduled notifications;! provide a point of contact to ISP to facilitate handling community notification related issues; and! communicate with the boards of institutions of higher education, other appropriate administrative officer, or campus police regarding the appropriate use and release of sex offender information. -9-

75 5 Illinois Department of Children & Family Services Responsibilities! Provide to ISP a listing of all addresses and points of contact for all pending and licensed child care facilities and Illinois Department of Human Services offices;! this listing will be provided to ISP at least 30 days prior to the beginning of scheduled notifications;! provide a point of contact to ISP to facilitate handling community notification related issues; and! develop internal policies and procedures dealing with the use and release of sex offender information. -10-

76 6 Illinois State Board of Education Responsibilities! Provide to ISP an accurate listing of addresses and points of contact for all school boards of public school districts and the principal or appropriate administrative officer of each non-public school. The listing for non-public schools will contain information for only those schools registered with the Illinois State Board of Education;! this listing will be provided to ISP at least 30 days prior to the beginning of scheduled notifications;! provide a point of contact to ISP to facilitate handling community notification related issues;! communicate with public school districts and non-public schools regarding the appropriate use and release of sex offender information;! receive requests from child sex offenders who are going to be present on school grounds but need prior permission;! with permission granted, the superintendent or school board president must inform the principal of the school where the child sex offender will be present, including the nature of the sex offender s visit and the hours in which the child sex offender will be present in the school;! monitor the child sex offender while he or she is within 500 feet of the school;! shall provide a point of contact to the law enforcement for receipt of the registration form on any juvenile sex offender attending their school; and! shall keep all registration information separately from any and all school records maintained on behalf of the juvenile sex offender. -11-

77 7 Illinois State Police Responsibilities! Provide a listing of all schools and licensed child care facilities (as provided by the Illinois State Board of Education, Illinois Board of Higher Education, and the Illinois Department of Human Services) to the sheriff s office of each county and the Chicago Police Department for their respective jurisdictions;! ensure the listing or changes are provided to law enforcement agencies at least two weeks prior to the beginning of scheduled notifications;! develop procedures with the Illinois State Board of Education, State Board of Higher Education, and the Illinois Department of Human Services to evaluate the notification process and conduct periodic meetings to address issues and identify potential problems;! maintain the registry and conduct quality assurance checks to ensure the integrity of the data;! maintain LEADS as the primary mechanism for registration and community notification regarding sex offenders;! provide systematic notification to victims of the change in status of offenders as outlined in Chapter 8;! provide sex offender data to the federal government and to other states when a sex offender moves from Illinois to that state;! provide notification to the local law enforcement agency when a sex offender s registration requirement has been administratively extended (Effective January 1, 2006); and! provide a list of licensed transitional housing facilities on the ISP Sex Offender Registry website. -12-

78 8 Victim Notification Victim Responsibilities The victim and the victim s parent or legal guardian may request automatic notification of the change of address of the associated registered sex offender. To obtain automatic notification the individual must:! notify the ISP, Sex Offender Registration Unit, 400 Iles Park Place, Suite 300, Springfield, Illinois , in writing, of their request to receive automatic notification; and! ensure ISP is provided timely notice of address change. Illinois State Police Responsibilities! Notify the victim or the victim s parent or legal guardian within 14 days of any address change of the associated registered sex offender;! notices will be sent via a non-forwardable letter; and! the victim s name will be removed from the Victim Notification List if the letter is returned as undeliverable. -13-

79 9 Law Enforcement Agency of Jurisdiction Responsibilities Police and sheriffs departments will develop internal policies and procedures for implementing the provisions of the law. The procedures will provide for reasonable access to the information required to be provided under the law. Police departments will be responsible for providing information for offenders who live within the corporate limits of the municipality. Sheriffs departments will be responsible for providing information for offenders residing within unincorporated areas of the county. Notification to Schools and Licensed Child Care Facilities! The sheriff of the county, except Cook County, shall disclose the name, address, date of birth, employment/institution of higher education information, and offense or adjudication of sex offenders required to register or employed within their county to school boards of public school districts, principals or other appropriate administrative officers of each non-public school and institution of higher education within their county. Notification will be accomplished during the first two weeks of February, May, August, and November and will be based on the following criteria: Counties, other than Cook - to all required entities located in the county; Cook County, other than Chicago - to all required entities located within the region of Cook County, other than the city of Chicago; and Chicago - Chicago Police Department to all required entities located in the Chicago Police District.! A point of contact will be identified to serve as a liaison with schools, the licensed day care facilities, the Illinois Department of Human Services, the Illinois State Board of Education, the Illinois Board of Higher Education, and ISP. Law enforcement agencies will provide the name and telephone number of their point of contact to all schools, licensed child care facilities within their jurisdiction, and to the ISP Sex Offender Registration Unit;! agencies shall make sex offender information available for special requests which are coordinated through the respective points of contact; and -14-

80 ! if a juvenile sex offender registers that he or she is enrolled in school, the law enforcement agency shall forward a copy of the registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. Discretionary Notification The law enforcement agency having jurisdiction may, at their discretion, provide the name, address, date of birth, employment information, and offense of any sex offender residing in their jurisdiction to any individual likely to encounter the offender. Public Access! Any individual or entity shall, upon request to the local law enforcement agency having jurisdiction, be provided an opportunity by that agency to inspect a listing of all names (excluding juveniles), addresses, dates of birth, and offenses of registrable sex offenders within that jurisdiction. Employment information may be given only when the public safety is at risk. Campus Police or other appropriate administrative officer of the institution of higher education may, upon request from a person attending the institution of higher education, release employment and school information. Juvenile information is not available to the public unless public safety is at risk; and! agencies may charge a reasonable fee, not to exceed costs, to provide the information to individuals requesting access to the registry. Provisions for this charge must be included in their written procedures. Fees cannot be charged to registered schools, licensed child care facilities, or other government agencies. NOTE: A notice should be clearly printed in a highly visible location on every list containing information regarding sex offenders. The notice should clearly indicate the registry changes daily and the information is accurate only for the date and time of release. -15-

81 Sex Offender and Child Murderer Community Notification Law ARTICLE 1 (730 ILCS 152/101) Sec Short title. This Article may be cited as the Sex Offender and Child Murderer Community Notification Law. (Source: P.A , eff ; , eff ; , eff ) Section 10. The Sex Offender and Child Murderer Community Notification Law is amended by changing Sections 105, 117, and 120 as follows: (730 ILCS 152/105) Sec Definitions. As used in this Article, the following definitions apply: "Child care facilities" has the meaning set forth in the Child Care Act of 1969, but does not include licensed foster homes. "Law enforcement agency having jurisdiction" means the Chief of Police in the municipality in which the sex offender expects to reside (1) upon his or her discharge, parole or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no Police Chief exists or if the offender intends to reside in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register. "Sex offender" means any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred on or after June 1, 1996, and whose victim was under the age of 18 at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act; and any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred on or after June 1, 1997, and whose victim was 18 years of age or older at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act. "Sex offender" also means any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred before June 1, 1996, and whose victim was under the age of 18 at the time the -16-

82 offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act; and any sex offender as defined in the Sex Offender Registration Act whose offense or adjudication as a sexually dangerous person occurred before June 1, 1997, and whose victim was 18 years of age or older at the time the offense was committed but does not include the offenses set forth in subsection (b)(1.5) of Section 2 of that Act. "Juvenile sex offender" means any person who is adjudicated a juvenile delinquent as the result of the commission of or attempt to commit a violation set forth in item (B), (C), or (C-5) of Section 2 of the Sex Offender Registration Act, or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, and whose adjudication occurred on or after the effective date of this amendatory Act of the 91st General Assembly. (Source: P.A , eff ; 91-48, eff ) (730 ILCS 152/110) Sec Registration. At the time a sex offender registers under Section 3 of the Sex Offender Registration Act or reports a change of address under Section 6 of that Act, the offender shall notify the law enforcement agency having jurisdiction with whom the offender registers or reports a change of address that the offender is a sex offender. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 152/115) Sec Sex offender database. (a) The Department of State Police shall establish and maintain a Statewide Sex Offender Database for the purpose of identifying sex offenders and making that information available to the persons specified in Sections 120 and 125 of this Law. The Database shall be created from the Law Enforcement Agencies Data System (LEADS) established under Section 6 of the Intergovernmental Missing Child Recovery Act of The Department of State Police shall examine its LEADS database for persons registered as sex offenders under the Sex Offender Registration Act and shall identify those who are sex offenders and shall add all the information, including photographs if available, on those sex offenders to the Statewide Sex Offender Database. (b) The Department of State Police must make the information contained in the Statewide Sex Offender Database accessible on the Internet by means of a hyperlink labeled "Sex Offender Information" on the Department's World Wide Web home page. The Department of State Police must update that information as it deems necessary. The Department of State Police may require that a person who seeks access to the sex offender information submit biographical information about himself or herself before permitting access to the sex offender information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate. -17-

83 (c) The Department of State Police, Sex Offender Registration Unit, must develop and conduct training to educate all those entities involved in the Sex Offender Registration Program (Source: P.A , eff ; , eff ; , eff ; , eff ) (730 ILCS 152/117) Sec The Department of State Police shall promulgate rules to develop a list of sex offenders covered by this Act and a list of child care facilities, schools, and institutions of higher education eligible to receive notice under this Act, so that the list can be disseminated in a timely manner to law enforcement agencies having jurisdiction. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 152/120) Sec Community notification of sex offenders. (a) The sheriff of the county, except Cook County, shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender Registration Act: (1) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county where the sex offender is required to register, resides, is employed, or is attending an institution of higher education (Blank); and (2) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the county where the sex offender is required to register or is employed; and (3) Child care facilities located in the county where the sex offender is required to register or is employed. (a-2) The sheriff of Cook County shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender Registration Act: (1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in LEADS, other than the City of Chicago, where the sex offender is required to register or is employed; and (2) Child care facilities located within the region of Cook County, as those child care facilities are identified in LEADS, other than the City of Chicago, where the sex offender is required to register or is employed; and (3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county, other than the City of Chicago, where the sex offender is required to register, resides, is employed, or attending an institution of higher education. (a-3) The Chicago Police Department shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender -18-

84 Registration Act: (1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the police district where the sex offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and (2) Child care facilities located in the police district where the sex offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and (3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the police district where the sex offender is required to register, resides, is employed, or attending an institution of higher education in the City of Chicago. (a-4) The Department of State Police shall provide alist of sex offenders required to register to the Illinois Department of Children and Family Services. (b) The Department of State Police and any law enforcement agency may disclose, in the Department's or agency's discretion, the following information to any person likely to encounter a sex offender, or sexual predator: (1) The offender's name, address, and date of birth. (2) The offense for which the offender was convicted. (3) Adjudication as a sexually dangerous person. (4) The offender's photograph or other such information that will help identify the sex offender. (5) Offender employment information, to protect public safety. (c) The name, address, date of birth, and offense or adjudication for sex offenders required to register under Section 3 of the Sex Offender Registration Act shall be open to inspection by the public as provided in this Section. Every municipal police department shall make available at its headquarters the information on all sex offenders who are required to register in the municipality under the Sex Offender Registration Act. The sheriff shall also make available at his or her headquarters the information on all sex offenders who are required to register under that Act and who live in unincorporated areas of the county. Sex offender information must be made available for public inspection to any person, no later than 72 hours or 3 business days from the date of request. The request must be made in person, in writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of sex offenders where any victim was 13 years of age or younger and who are required to register in the municipality or county under the Sex Offender Registration Act in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those sex offenders on the Internet or on television. The law enforcement agency may make available the information on all sex offenders residing within any county. -19-

85 (d) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place the information specified in subsection (b) on the Internet or in other media. (e) Blank (f) The administrator of a transitional housing facility for sex offenders shall comply with the notification procedures established in paragraph (4) of subsection (b) of Section of the Unified Code of Corrections. (Source: P.A , eff ; , eff ; , eff ; , eff ; , eff ; 92-16, ) (730 ILCS 152/131) Sec 121 Notification regarding juvenile offenders. (a) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, only provide the information specified in subsection (b), with respect to an adjudicated juvenile delinquent, to any person when that person's safety may be compromised for some reason related to the juvenile sex offender. (b) The local law enforcement agency having jurisdiction to register the juvenile sex offender shall ascertain from the juvenile sex offender whether the juvenile sex offender is enrolled in school; and if so, shall provide a copy of the sex offender registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept seperately from any and all school records maintained on behalf of the juvenile sex offender. (730 ILCS 152/130) Sec Immunity. Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this Law shall not be liable in any civil or criminal action. This immunity extends to the secondary release of any of this information legally obtained in conjunction with procedures set forth in this Law. (Source: P.A , eff ; , eff ; , eff ) (730 ILCS 152/195) Sec (Amendatory provisions; text omitted). (Source: P.A , eff ; , eff ; text omitted.) (730 ILCS 152/197) Sec (Amendatory provisions; text omitted). (Source: P.A , eff ; , eff ; text omitted.) Section 99. Effective date. This Act takes effect upon becoming law. Passed in the General Assembly May 31, Approved August 22,

86 Printed by the Authority of the State of Illinois ISP Central Printing Section ISP 4-84d (1/06) 6M