Section 1283.40 Procedures
The procedures set forth in this Section are necessary to
ensure the information in the Murderer and Violent Offender Against Youth
Database is accurate as required by Section 85 of the Act.
a) Section
15 of the Act sets forth the duties and responsibilities of the Illinois
Department of Corrections (IDOC), Hospital or Other Place of Confinement, which
include:
1) A
violent offender against youth, prior to release from an IDOC facility or
other penal institution, hospital or other treatment facility, or other place
of confinement, shall be notified by the place of confinement of the duty to
register under the Act. The violent offender against youth shall also
be required to read and sign a completed Murderer and Violent Offender
Against Youth Notification Form.
2) The
place of confinement shall give one copy of the completed Notification Form to
the violent offender against youth, keep the original for its records, and send
a photograph of the offender to the Department.
3) IDOC
shall share with the Department, within 24 hours of the offender's release,
electronic data files, including photographs, containing all violent offenders
being released from IDOC facilities.
4) A
hospital, treatment facility, or place of confinement other than IDOC shall
give one copy of the completed Notification Form to the violent offender
against youth, keep the original for its records, and forward one copy to
the Department within 3 days after the violent offender against youth's
release. [730 ILCS 154/15]
b) Section
20 of the Act sets forth the duties of the Court of conviction, which include:
1) A
violent offender against youth, released on probation or discharged upon
payment of a fine as a result of a conviction for an offense or an attempted
offense that requires registration under the Act, shall be informed of the duty
to register under the Act. The violent offender against youth shall also be
required to read and sign a completed Notification Form.
2) One
copy of the completed Notification Form is given to the violent offender
against youth and the original is maintained in the court file. [730 ILCS
154/20]
3) The
record of notification is entered into the Law Enforcement Agencies Data System
(LEADS) and a photograph is forwarded to the Department within 3 days after
conviction.
4) Pursuant
to Section 86 of the Act, a Verification of Case Facts Form is completed by the
convicting State's Attorney's Office to verify the offense was not sexually
motivated. This form must be forwarded to the Department and to the
jurisdiction with which the violent offender against youth must register.
c) Agency
of Jurisdiction – Registration Requirements
1) The
agency of jurisdiction will:
A) complete
the Murderer and Violent Offender Against Youth Registration Form;
B) ensure
the violent offender against youth reads and signs the form, provide one copy
of the form to the violent offender against youth, keep the original signed
copy until the requirement to register has expired, and, within 3 days of
completion of the form, enter registration information into LEADS; and
C) forward
a copy of the violent offender against youth's photograph to the Department.
Fingerprints will be obtained from the offender, using the standard arrest
card, and forwarded to the Illinois State Police Bureau of Identification
during initial registration. The card shall indicate that the purpose of the
fingerprints is for Murderer and Violent Offender Against Youth registration.
2) The
agency of jurisdiction shall review the current criminal history record of the
violent offender against youth. If the disposition is missing or the criminal
history is incomplete, the jurisdiction shall inform the Illinois State Police.
The Bureau of Identification shall provide any information it has that would
assist in completing the record.
3) The
agency of jurisdiction shall record contacts with convicted violent offenders
against youth into LEADS as an add-on record.
4) Agencies
of jurisdiction can establish agreements with other agencies of jurisdiction to
facilitate the discharge of their responsibilities under the Act and this
Part. These agreements may delegate to another jurisdiction tasks necessary to
accomplish a jurisdiction's mandatory duties. The agreements shall be in
writing and shall be submitted to the Department prior to implementation.
Regardless of any agreement, each agency of jurisdiction shall be responsible
to ensure its individual compliance with the Act and this Part.
5) Agencies
of jurisdiction shall verify the address of violent offenders against youth
required to register with that jurisdiction at least once a year. A record
of the results of this verification shall be documented with a LEADS add-on.
[730 ILCS 154/50(a)]
6) Section
10(a) of the Act requires that violent offenders against youth required by the
Act to register shall register in person with the agency of jurisdiction where
the violent offender against youth intends to reside or be temporarily (5 or
more days per calendar year) domiciled. Registration of location of employment
or school attendance shall be completed within 5 days after beginning employment
or school. The Department will electronically share the registrant information
with the agency of jurisdiction in the location of the registrant's temporary
domicile, employment, or school attendance.
7) When
an individual required to register is employed by or attends an institution of
higher education outside the jurisdiction of the place of residence, that
individual shall provide this information to the agency of jurisdiction in the
location of the offender's residence.
d) Change
of Address
1) A
violent offender against youth who changes place of residence shall inform, in
person, the last law enforcement agency with whom the offender registered
within 5 days after the change. Within 3 days after receiving notification,
the law enforcement agency shall enter the notice of address change into LEADS.
2) A
violent offender against youth shall report in person any changes of employment
or school status to the agency of jurisdiction of the violent offender against
youth's residence within 5 days after the change.
e) Registration
Fees
The agency of jurisdiction shall
collect a $20 initial registration fee and a $10 annual renewal fee from
violent offenders against youth. The jurisdiction can waive the fee if the
violent offender against youth is indigent or otherwise unable to pay the
registration fee. [730 ILCS 154/10(b)]
1) Appropriate
records of receipts and expenditures shall be maintained by the registering
jurisdiction. Fees shall not be collected for reporting changes in employment
or school, other than as may be required for annual registration.
2) All
registration fees should be made payable to the Illinois State Police for
deposit into the Offender Registration Fund. Registration fees should be sent
to the following address:
Illinois State Police
Fiscal Operations
801 South 7th Street,
Suite 700-S
Springfield, IL 62703
f) Registration
of Juveniles
The parent, legal guardian,
probation or parole supervisor, or other court-appointed custodian shall
accompany juveniles to the agency of jurisdiction for the purpose of
registering as a violent offender against youth.
g) Transfer
from the Sex Offender Registry
1) The
registration information for a person registered under the Sex Offender
Registration Act who was convicted or adjudicated for offenses listed in
Section 5(b) of the Act may only be transferred to the Murderer and Violent
Offender Against Youth Registry if all the following conditions are met:
A) The
offender's sole offense requiring registration is a conviction or adjudication
for an offense or offenses listed in Section 5(b) of the Act.
B) The
State's Attorney's Office in the county in which the offender was convicted has
verified on the Verification of Case Facts Form the person's crime that
requires registration was not sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act.
C) The
completed Verification of Case Facts Form has been received by the registering
law enforcement agency and the Sex Offender Registration Unit at the Department.
2) Once
transferred, if an offender is convicted of an offense that requires sex
offender registration, the offender will be removed from the Murderer and Violent
Offender Against Youth Registry and will be placed in the Sex Offender
Registry.
h) State
Board of Education Information
1) Pursuant
to Section 90 of the Act, the State Board of Education shall provide to the
Department an accurate listing of addresses and points of contact for all
schools.
2) The
listing shall be provided to the Department at least 30 days prior to the
beginning of each calendar quarter.
3) The
State Board of Education shall appoint a point of contact to coordinate
notification activities with the Department.
i) Department
of Children and Family Services Information
1) Pursuant
to Section 90 of the Act, the Department of Children and Family Services shall
provide to the Department a listing of addresses and points of contact for all
licensed child care facilities.
2) The
listing shall be provided to the Department at least 30 days prior to the
beginning of each calendar quarter.
3) A
point of contact from the law enforcement agency of jurisdiction will be
identified to serve as a liaison with schools and child care facilities.
Jurisdictions shall provide the name and telephone number of their point of
contact to all child care facilities and schools within their jurisdictions.
j) Board
of Higher Education Information
1) Pursuant
to Section 90 of the Act, the Illinois Board of Higher Education shall provide
to the Department an accurate listing of addresses and points of contact for
all institutions of higher education.
2) The
listing shall be provided to the Department at least 30 days prior to the
beginning of each calendar quarter.
3) The
Board of Higher Education shall appoint a contact to coordinate notification
activities with the Department.
k) Victim
Notification
1) The
victim may request automatic notification of the change of address of the
violent offender against youth associated with that victim.
2) In
order to obtain automatic notification, the victim must make a request in
writing to the Department that includes the full name and date of birth, or the
full name, date of conviction and county of conviction, of the violent offender
against youth.
l) Agency
of Jurisdiction − Community Notifications
1) Law
enforcement agencies having jurisdiction will develop internal procedures and
policies for implementing the provisions of the Act. Procedures shall provide
for reasonable access to the information required to be provided under the Act.
2) Jurisdictions
shall provide the name, address, date of birth and offense or adjudication of
the violent offender against youth required to register to any individual
authorized by law who requests access to the registry. Jurisdictions have the
discretion to provide to any individual authorized by law any additional
information contained in the registry that will help identify the violent
offender against youth. This disclosure shall not include any information that
would help identify the victim.
3) A
point of contact will be identified to serve as a liaison with schools and
child care facilities. Jurisdictions shall provide the name and telephone
number of their point of contact to all child care facilities and schools
within their jurisdictions. Schools and child care facilities will be provided
any changes on a timely basis. Point of contact information will also be
provided to the Department.
4) Requesters
will be required to show identification to receive violent offender against
youth information.
5) Jurisdictions
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 schools,
child care facilities or other government agencies or for discretionary release
of information.
6) Disclosure
to the Department of Children and Family Services, schools and child care
facilities will be made during each scheduled notification. Additional
disclosures may be made at any time.
7) Jurisdictions
can establish agreements with other law enforcement agencies having
jurisdiction to facilitate the discharge of their responsibilities under the
Act and this Part. These agreements may delegate to another jurisdiction tasks
necessary to accomplish a jurisdiction's mandatory duties. The agreements
shall be in writing and shall be submitted to the Department prior to
implementation. Regardless of any agreement, each jurisdiction shall be
responsible to ensure its individual compliance with the Murderer and Violent
Offender Community Notification Law and this Part.
8) Jurisdictions
have the discretion to place violent offender against youth information,
including photographs, on the Internet or in other media. Jurisdictions shall
have the discretion to release information regarding employment, school and
juvenile information only when a risk to the public exists.
9) Law
enforcement agencies having jurisdiction of violent offenders against youth
attending or employed at institutions of higher education will, within 3 days
of completion, forward one copy of the registration form and all changes of
employment or education status to the point of contact for the institution.
m) Illinois
State Police
1) The
Department will provide a listing of all schools and child care facilities to Illinois sheriffs' offices and the Chicago Police Department for their respective
jurisdictions. However, the Department will not list controlling
administrative entities of groups of non-public schools. The listing or
changes in the listing will be provided to agencies at least two weeks prior to
the beginning of scheduled notifications.
2) The
Department will maintain the registry and conduct audits of criminal justice
agencies, as defined in 28 CFR 20 (Criminal Justice Information Systems),
affected by this Part to ensure the integrity of data. The Department will
maintain LEADS as the primary mechanism for registration and communication
relating to violent offenders against youth.
3) The
Department will confer with the State Board of Education, the Department of
Children and Family Services, and the Board of Higher Education concerning the
implementation of this Part. Procedures to evaluate the notification process
will be developed jointly. Periodic meetings will be scheduled to address
issues and identify potential problems.
(Source: Amended at 46 Ill. Reg. 9105,
effective May 17, 2022)