Full Text of SB3799 96th General Assembly
SB3799sam001 96TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/15/2010
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| AMENDMENT TO SENATE BILL 3799
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| AMENDMENT NO. ______. Amend Senate Bill 3799 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the the | 5 |
| Juvenile Violent Offender Against Youth Registration Act. | 6 |
| Section 5. Definitions.
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| (a) As used in this Act, "juvenile violent offender against | 8 |
| youth" means any person who is: | 9 |
| (1) adjudicated a juvenile delinquent as the result of | 10 |
| committing or attempting to commit an act which, if | 11 |
| committed by an adult, would constitute any of the offenses | 12 |
| specified in subsection (b) of this Section or a violation | 13 |
| of any substantially similar federal, Uniform Code of | 14 |
| Military Justice, sister state, or foreign country law, or | 15 |
| found guilty under Article V of the Juvenile Court Act of | 16 |
| 1987 of committing or attempting to commit an act which, if |
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| committed by an adult, would constitute any of the offenses | 2 |
| specified in subsection (b) of this Section or a violation | 3 |
| of any substantially similar federal, Uniform Code of | 4 |
| Military Justice, sister state, or foreign country law.
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| Adjudications that result from or are connected with | 6 |
| the same act, or result from offenses committed at the same | 7 |
| time, shall be counted for the purpose of this Act as one | 8 |
| adjudication. Any adjudication set aside pursuant to law is | 9 |
| not an adjudication for purposes of this Act; or | 10 |
| (2) charged as a juvenile pursuant to Illinois law, or | 11 |
| any substantially similar federal, Uniform Code of | 12 |
| Military Justice, sister state, or foreign country law, | 13 |
| with a violent offense against youth set forth in | 14 |
| subsection (b) of this Section or the attempt to commit an | 15 |
| included violent offense against youth, and | 16 |
| (A) is found not guilty by reason of insanity of | 17 |
| such offense or an attempt to commit such offense; or | 18 |
| (B) is found not guilty by reason of insanity | 19 |
| pursuant to subsection (c) of Section 104-25 of the | 20 |
| Code of Criminal Procedure of 1963 of such offense or | 21 |
| an attempt to commit such offense; or | 22 |
| (C) is the subject of a finding not resulting in an | 23 |
| acquittal at a hearing conducted pursuant to | 24 |
| subsection (a) of Section 104-25 of the Code of | 25 |
| Criminal Procedure of 1963 for the alleged commission | 26 |
| or attempted commission of such offense; or |
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| (D) is found not guilty by reason of insanity | 2 |
| following a hearing conducted pursuant to a federal, | 3 |
| Uniform Code of Military Justice, sister state, or | 4 |
| foreign country law substantially similar to | 5 |
| subsection (c) of Section 104-25 of the Code of | 6 |
| Criminal Procedure of 1963 of such offense or of the | 7 |
| attempted commission of such offense; or | 8 |
| (E) is the subject of a finding not resulting in an | 9 |
| acquittal at a hearing conducted pursuant to a federal, | 10 |
| Uniform Code of Military Justice, sister state, or | 11 |
| foreign country law substantially similar to | 12 |
| subsection (c) of Section 104-25 of the Code of | 13 |
| Criminal Procedure of 1963 for the alleged violation or | 14 |
| attempted commission of such offense. | 15 |
| (b) As used in this Act, "violent offense against youth" | 16 |
| means: | 17 |
| (1) A violation of any of the following Sections of the | 18 |
| Criminal Code of 1961, when the victim is a person under 18 | 19 |
| years of age, the defendant is not a parent of the victim, | 20 |
| and the offense was committed on or after January 1, 1996: | 21 |
| 10-1 (kidnapping), | 22 |
| 10-2 (aggravated kidnapping), | 23 |
| 10-3 (unlawful restraint), | 24 |
| 10-3.1 (aggravated unlawful restraint). | 25 |
| An attempt to commit any of these offenses. | 26 |
| (2) Child abduction under paragraph (10) of subsection |
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| (b) of Section 10-5 of the Criminal Code of 1961 committed | 2 |
| by luring or attempting to lure a child under the age of 16 | 3 |
| into a motor vehicle, building, house trailer, or dwelling | 4 |
| place without the consent of the parent or lawful custodian | 5 |
| of the child for other than a lawful purpose and the | 6 |
| offense was committed on or after January 1, 1998. | 7 |
| (3) A violation or attempted violation of any of the | 8 |
| following Sections of the Criminal Code of 1961 when the | 9 |
| offense was committed on or after July 1, 1999:
10-4 | 10 |
| (forcible detention, if the victim is under 18 years of | 11 |
| age). | 12 |
| (4) A violation of any former law of this State | 13 |
| substantially equivalent to any offense listed in this | 14 |
| subsection (b). | 15 |
| (c) An adjudication for an offense of federal law, Uniform | 16 |
| Code of Military Justice, or the law of another state or a | 17 |
| foreign country that is substantially equivalent to any offense | 18 |
| listed in subsections (b) of this Section shall constitute an | 19 |
| adjudication for the purpose of this Act. | 20 |
| (d) As used in this Act, "law enforcement agency having | 21 |
| jurisdiction" means the Chief of Police in each of the | 22 |
| municipalities in which the juvenile violent offender against | 23 |
| youth expects to reside, work, or attend school (1) upon his or | 24 |
| her discharge, parole or release or (2) during the service of | 25 |
| his or her sentence of probation or conditional discharge, or | 26 |
| the Sheriff of the county, in the event no Police Chief exists |
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| or if the juvenile offender intends to reside, work, or attend | 2 |
| school in an unincorporated area. "Law enforcement agency | 3 |
| having jurisdiction" includes the location where out-of-state | 4 |
| students attend school and where out-of-state employees are | 5 |
| employed or are otherwise required to register. | 6 |
| (e) As used in this Act, "supervising officer" means the | 7 |
| assigned Illinois Department of Corrections parole agent or | 8 |
| county probation officer. | 9 |
| (f) As used in this Act, "out-of-state student" means any | 10 |
| juvenile violent offender against youth who is enrolled in | 11 |
| Illinois, on a full time or part time basis, in any public or | 12 |
| private educational institution, including, but not limited | 13 |
| to, any secondary school, trade or professional institution, or | 14 |
| institution of higher learning. | 15 |
| (g) As used in this Act, "out-of-state employee" means any | 16 |
| juvenile violent offender against youth who works in Illinois, | 17 |
| regardless of whether the individual receives payment for | 18 |
| services performed, for a period of time of 10 or more days or | 19 |
| for an aggregate period of time of 30 or more days during any | 20 |
| calendar year. Persons who operate motor vehicles in the State | 21 |
| accrue one day of employment time for any portion of a day | 22 |
| spent in Illinois. | 23 |
| (h) As used in this Act, "school" means any public or | 24 |
| private educational institution, including, but not limited | 25 |
| to, any elementary or secondary school, trade or professional | 26 |
| institution, or institution of higher education. |
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| (i) As used in this Act, "fixed residence" means any and | 2 |
| all places that a juvenile violent offender against youth | 3 |
| resides for an aggregate period of time of 3 or more days in a | 4 |
| calendar year.
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| Section 10. Duty to register. | 6 |
| (a) A juvenile violent offender against youth shall, within | 7 |
| the time period prescribed in subsections (b) and (c), register | 8 |
| in person and provide accurate information as required by the | 9 |
| Department of State Police. Such information shall include a | 10 |
| current photograph, current address, current place of | 11 |
| employment, the employer's telephone number, school attended, | 12 |
| extensions of the time period for registering as provided in | 13 |
| this Act and, if an extension was granted, the reason why the | 14 |
| extension was granted and the date the juvenile violent | 15 |
| offender against youth was notified of the extension. The | 16 |
| juvenile violent offender against youth shall register: | 17 |
| (1) with the chief of police in the municipality in | 18 |
| which he or she resides or is temporarily domiciled for a | 19 |
| period of time of 3 or more days, unless the municipality | 20 |
| is the City of Chicago, in which case he or she shall | 21 |
| register at the Chicago Police Department Headquarters; or | 22 |
| (2) with the sheriff in the county in which he or she | 23 |
| resides or is temporarily domiciled for a period of time of | 24 |
| 3 or more days in an unincorporated area or, if | 25 |
| incorporated, no police chief exists. |
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| If the juvenile violent offender against youth is | 2 |
| employed at or attends an institution of higher education, | 3 |
| he or she shall register: | 4 |
| (i) with the chief of police in the municipality in | 5 |
| which he or she is employed at or attends an institution of | 6 |
| higher education, unless the municipality is the City of | 7 |
| Chicago, in which case he or she shall register at the | 8 |
| Chicago Police Department Headquarters; or | 9 |
| (ii) with the sheriff in the county in which he or she | 10 |
| is employed or attends an institution of higher education | 11 |
| located in an unincorporated area, or if incorporated, no | 12 |
| police chief exists. | 13 |
| For purposes of this Act, the place of residence or | 14 |
| temporary domicile is defined as any and all places where the | 15 |
| juvenile violent offender against youth resides for an | 16 |
| aggregate period of time of 3 or more days during any calendar | 17 |
| year. Any person required to register under this Act who lacks | 18 |
| a fixed address or temporary domicile must notify, in person, | 19 |
| the agency of jurisdiction of his or her last known address | 20 |
| within 3 days after ceasing to have a fixed residence. | 21 |
| Any person who lacks a fixed residence must report weekly, | 22 |
| in person, with the sheriff's office of the county in which he | 23 |
| or she is located in an unincorporated area, or with the chief | 24 |
| of police in the municipality in which he or she is located. | 25 |
| The agency of jurisdiction will document each weekly | 26 |
| registration to include all the locations where the person has |
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| stayed during the past 7 days.
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| The juvenile violent offender against youth shall provide | 3 |
| accurate information as required by the Department of State | 4 |
| Police. That information shall include the current place of | 5 |
| employment of the juvenile violent offender against youth. | 6 |
| (a-5) An out-of-state student or out-of-state employee | 7 |
| shall, within 3 days after beginning school or employment in | 8 |
| this State, register in person and provide accurate information | 9 |
| as required by the Department of State Police. Such information | 10 |
| will include current place of employment, school attended, and | 11 |
| address in state of residence. The out-of-state student or | 12 |
| out-of-state employee shall register: | 13 |
| (1) with the chief of police in the municipality in | 14 |
| which he or she attends school or is employed for a period | 15 |
| of time of 3 or more days or for an aggregate period of | 16 |
| time of more than 30 days during any calendar year, unless | 17 |
| the municipality is the City of Chicago, in which case he | 18 |
| or she shall register at the Chicago Police Department | 19 |
| Headquarters; or | 20 |
| (2) with the sheriff in the county in which he or she | 21 |
| attends school or is employed for a period of time of 3 or | 22 |
| more days or for an aggregate period of time of more than | 23 |
| 30 days during any calendar year in an unincorporated area | 24 |
| or, if incorporated, no police chief exists. | 25 |
| The out-of-state student or out-of-state employee shall | 26 |
| provide accurate information as required by the Department of |
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| State Police. That information shall include the out-of-state | 2 |
| student's current place of school attendance or the | 3 |
| out-of-state employee's current place of employment. | 4 |
| (b) Any juvenile violent offender against youth regardless | 5 |
| of any initial, prior, or other registration, shall, within 3 | 6 |
| days of beginning school, or establishing a residence, place of | 7 |
| employment, or temporary domicile in any county, register in | 8 |
| person as set forth in subsection (a) or (a 5). | 9 |
| (c) The registration for any person required to register | 10 |
| under this Act shall be as follows: | 11 |
| (1) Any person registered under the Child Murderer and | 12 |
| Violent Offender Against Youth Registration for an | 13 |
| adjudication of a violent offense against youth prior to | 14 |
| July 1, 2011 shall be deemed initially registered as of | 15 |
| July 1, 2011l; however, this shall not be construed to | 16 |
| extend the duration of registration set forth in Section | 17 |
| 45. | 18 |
| (2) Except as provided in paragraph (5) of this | 19 |
| subsection (c), any person adjudicated prior to July 1, | 20 |
| 2011, whose liability for registration under Section 45 has | 21 |
| not expired, shall register in person with the appropriate | 22 |
| law enforcement agency with whom he or she last registered | 23 |
| with within one year from the date of last registration | 24 |
| under the Child Murderer and Violent Offender Against Youth | 25 |
| Registration Act. | 26 |
| (3) Except as provided in paragraph (5) of this |
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| subsection (c), any person who has not been notified of his | 2 |
| or her responsibility to register shall be notified by a | 3 |
| criminal justice entity of his or her responsibility to | 4 |
| register. Upon notification the person must then register | 5 |
| within 3 days of notification of his or her requirement to | 6 |
| register. If notification is not made within the juvenile | 7 |
| offender's 10 year registration requirement, and the | 8 |
| Department of State Police determines no evidence exists or | 9 |
| indicates the juvenile offender attempted to avoid | 10 |
| registration, the juvenile offender will no longer be | 11 |
| required to register under this Act. | 12 |
| (4) Except as provided in paragraph (3) of this | 13 |
| subsection (c), any person adjudicated on or after the | 14 |
| effective date of this Act shall register in person within | 15 |
| 3 days after the entry of the sentencing order based upon | 16 |
| his or her adjudication. | 17 |
| (5) Any person unable to comply with the registration | 18 |
| requirements of this Act because he or she is confined, | 19 |
| institutionalized, or imprisoned in Illinois on or after | 20 |
| the effective date of this Act shall register in person | 21 |
| within 3 days of discharge, parole or release. | 22 |
| (6) The person shall provide positive identification | 23 |
| and documentation that substantiates proof of residence at | 24 |
| the registering address. | 25 |
| (7) The person shall pay a $20 initial registration fee | 26 |
| and a $10 annual renewal fee. The fees shall be deposited |
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| into the Child Murderer and Violent Offender Against Youth | 2 |
| Registration Fund. The fees shall be used by the | 3 |
| registering agency for official purposes. The agency shall | 4 |
| establish procedures to document receipt and use of the | 5 |
| funds. | 6 |
| The law enforcement agency having jurisdiction may waive | 7 |
| the registration fee if it determines that the person is | 8 |
| indigent and unable to pay the registration fee. | 9 |
| (d) Within 3 days after obtaining or changing employment, a | 10 |
| person required to register under this Section must report, in | 11 |
| person to the law enforcement agency having jurisdiction, the | 12 |
| business name and address where he or she is employed. If the | 13 |
| person has multiple businesses or work locations, every | 14 |
| business and work location must be reported to the law | 15 |
| enforcement agency having jurisdiction.
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| Section 15. Transfer from the sex offender registry.
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| (a) The registration information for a person registered under | 18 |
| the Sex Offender Registration Act or the Juvenile Sex Offender | 19 |
| Registration Act who was adjudicated for an offense listed in | 20 |
| subsection (b) of Section 5 of this Act may only be transferred | 21 |
| to the Juvenile Violent Offender Against Youth Registry if all | 22 |
| the following conditions are met: | 23 |
| (1) The juvenile offender's sole offense requiring | 24 |
| registration was an adjudication for an offense or offenses | 25 |
| listed in subsection (b) of Section 5 of this Act. |
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| (2) The State's Attorney's Office in the county in | 2 |
| which the juvenile offender was adjudicated has verified, | 3 |
| on a form prescribed by the Illinois State Police, that the | 4 |
| person's crime that required or requires registration was | 5 |
| not sexually motivated as defined in Section 10 of the Sex | 6 |
| Offender Management Board Act. | 7 |
| (3) The completed form has been received by the | 8 |
| registering law enforcement agency and the Illinois State | 9 |
| Police's Sex Offender Registration Unit. | 10 |
| (b) Transfer under this Section shall not extend the | 11 |
| registration period for juvenile offenders who were registered | 12 |
| under the Sex Offender Registration Act or the Juvenile | 13 |
| Registration Act.
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| Section 20. Discharge of juvenile violent offender against | 15 |
| youth. Discharge of juvenile violent offender against youth | 16 |
| from Department of Corrections facility or other penal | 17 |
| institution; duties of official in charge. Any juvenile violent | 18 |
| offender against youth who is discharged, paroled, or released | 19 |
| from a Department of Corrections facility, a facility where | 20 |
| such person was placed by the Department of Corrections or | 21 |
| another penal institution, and whose liability for | 22 |
| registration has not terminated under Section 40 shall, prior | 23 |
| to discharge, parole or release from the facility or | 24 |
| institution, be informed of his or her duty to register in | 25 |
| person within 3 days of release by the facility or institution |
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| in which he or she was confined. The facility or institution | 2 |
| shall also inform any person who must register that if he or | 3 |
| she establishes a residence outside of the State of Illinois, | 4 |
| is employed outside of the State of Illinois, or attends school | 5 |
| outside of the State of Illinois, he or she must register in | 6 |
| the new state within 3 days after establishing the residence, | 7 |
| beginning employment, or beginning school. | 8 |
| The facility shall require the person to read and sign such | 9 |
| form as may be required by the Department of State Police | 10 |
| stating that the duty to register and the procedure for | 11 |
| registration has been explained to him or her and that he or | 12 |
| she understands the duty to register and the procedure for | 13 |
| registration. The facility shall further advise the person in | 14 |
| writing that the failure to register or other violation of this | 15 |
| Act shall result in revocation of parole, mandatory supervised | 16 |
| release or conditional release. The facility shall obtain | 17 |
| information about where the person expects to reside, work, and | 18 |
| attend school upon his or her discharge, parole or release and | 19 |
| shall report the information to the Department of State Police. | 20 |
| The facility shall give one copy of the form to the person and | 21 |
| shall send one copy to each of the law enforcement agencies | 22 |
| having jurisdiction where the person expects to reside, work, | 23 |
| and attend school upon his or her discharge, parole or release | 24 |
| and retain one copy for the files. Electronic data files which | 25 |
| includes all notification form information and photographs of | 26 |
| juvenile violent offenders against youth being released from an |
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| Illinois Department of Corrections facility will be shared on a | 2 |
| regular basis as determined between the Department of State | 3 |
| Police and the Department of Corrections.
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| Section 25. Release of juvenile violent offender against | 5 |
| youth; duties of the Court. Any juvenile violent offender | 6 |
| against youth who is released on probation or discharged upon | 7 |
| payment of a fine because of the commission of one of the | 8 |
| offenses defined in subsection (b) of Section 5 of this Act, | 9 |
| shall, prior to such release be informed of his or her duty to | 10 |
| register under this Act by the Court in which he or she was | 11 |
| adjudicated. The Court shall also inform any person who must | 12 |
| register that if he or she establishes a residence outside of | 13 |
| the State of Illinois, is employed outside of the State of | 14 |
| Illinois, or attends school outside of the State of Illinois, | 15 |
| he or she must register in the new state within 3 days after | 16 |
| establishing the residence, beginning employment, or beginning | 17 |
| school. The Court shall require the person to read and sign | 18 |
| such form as may be required by the Department of State Police | 19 |
| stating that the duty to register and the procedure for | 20 |
| registration has been explained to him or her and that he or | 21 |
| she understands the duty to register and the procedure for | 22 |
| registration. The Court shall further advise the person in | 23 |
| writing that the failure to register or other violation of this | 24 |
| Act shall result in probation revocation. The Court shall | 25 |
| obtain information about where the person expects to reside, |
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| work, and attend school upon his or her release, and shall | 2 |
| report the information to the Department of State Police. The | 3 |
| Court shall give one copy of the form to the person and retain | 4 |
| the original in the court records. The Department of State | 5 |
| Police shall notify the law enforcement agencies having | 6 |
| jurisdiction where the person expects to reside, work and | 7 |
| attend school upon his or her release. | 8 |
| Section 30. Discharge of juvenile violent offender against | 9 |
| youth from hospital. Discharge of juvenile violent offender | 10 |
| against youth from a hospital or other treatment facility; | 11 |
| duties of the official in charge. Any juvenile violent offender | 12 |
| against youth who is discharged or released from a hospital or | 13 |
| other treatment facility where he or she was confined shall be | 14 |
| informed by the hospital or treatment facility in which he or | 15 |
| she was confined, prior to discharge or release from the | 16 |
| hospital or treatment facility, of his or her duty to register | 17 |
| under this Act. | 18 |
| The facility shall require the person to read and sign such | 19 |
| form as may be required by the Department of State Police | 20 |
| stating that the duty to register and the procedure for | 21 |
| registration have been explained to him or her and that he or | 22 |
| she understands the duty to register and the procedure for | 23 |
| registration. The facility shall give one copy of the form to | 24 |
| the person, retain one copy for its records, and forward the | 25 |
| original to the Department of State Police. The facility shall |
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| obtain information about where the person expects to reside, | 2 |
| work, and attend school upon his or her discharge, parole, or | 3 |
| release and shall report the information to the Department of | 4 |
| State Police within 3 days. The facility or institution shall | 5 |
| also inform any person who must register that if he or she | 6 |
| establishes a residence outside of the State of Illinois, is | 7 |
| employed outside of the State of Illinois, or attends school | 8 |
| outside of the State of Illinois, he or she must register in | 9 |
| the new state within 5 days after establishing the residence, | 10 |
| beginning school, or beginning employment. The Department of | 11 |
| State Police shall notify the law enforcement agencies having | 12 |
| jurisdiction where the person expects to reside, work, and | 13 |
| attend school upon his or her release.
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| Section 35. Duty to report; change of address, school, or | 15 |
| employment; duty to inform. Duty to report; change of address, | 16 |
| school, or employment; duty to inform. Any juvenile violent | 17 |
| offender against youth who is required to register under this | 18 |
| Act shall report in person to the appropriate law enforcement | 19 |
| agency with whom he or she last registered within one year from | 20 |
| the date of last registration and every year thereafter and at | 21 |
| such other times at the request of the law enforcement agency | 22 |
| not to exceed 4 times a year. If any person required to | 23 |
| register under this Act lacks a fixed residence or temporary | 24 |
| domicile, he or she must notify, in person, the agency of | 25 |
| jurisdiction of his or her last known address within 3 days |
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| after ceasing to have a fixed residence and if the juvenile | 2 |
| offender leaves the last jurisdiction of residence, he or she | 3 |
| must, within 48 hours after leaving, register in person with | 4 |
| the new agency of jurisdiction. | 5 |
| If any other person required to register under this Act | 6 |
| changes his or her residence address, place of employment, or | 7 |
| school, he or she shall report in person to the law enforcement | 8 |
| agency with whom he or she last registered of his or her new | 9 |
| address, change in employment, or school and register, in | 10 |
| person, with the appropriate law enforcement agency within the | 11 |
| time period specified in Section 10. The law enforcement agency | 12 |
| shall, within 3 days of the reporting in person by the person | 13 |
| required to register under this Act, notify the Department of | 14 |
| State Police of the new place of residence, change in | 15 |
| employment, or school.
If any person required to register under | 16 |
| this Act intends to establish a residence or employment outside | 17 |
| of the State of Illinois, at least 10 days before establishing | 18 |
| that residence or employment, he or she shall report in person | 19 |
| to the law enforcement agency with which he or she last | 20 |
| registered of his or her out-of-state intended residence or | 21 |
| employment. The law enforcement agency with which such person | 22 |
| last registered shall, within 3 days after the reporting in | 23 |
| person of the person required to register under this Act of an | 24 |
| address or employment change, notify the Department of State | 25 |
| Police. The Department of State Police shall forward such | 26 |
| information to the out-of-state law enforcement agency having |
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| jurisdiction in the form and manner prescribed by the | 2 |
| Department of State Police.
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| Section 40. Out-of-State employee or student; duty to | 4 |
| report change. Every out-of-state student or out-of-state | 5 |
| employee must notify the agency having jurisdiction of any | 6 |
| change of employment or change of educational status, in | 7 |
| writing, within 3 days of the change. The law enforcement | 8 |
| agency shall, within 3 days after receiving the notice, enter | 9 |
| the appropriate changes into LEADS. | 10 |
| Section 45. Duration of registration. A person who becomes | 11 |
| subject to registration under this Article who has previously | 12 |
| been subject to registration under this Article, under the Sex | 13 |
| Offender Registration Act, or under the Juvenile Sex Offender | 14 |
| Registration Act or similar registration requirements of other | 15 |
| jurisdictions shall register for the period of his or her | 16 |
| natural life if not confined to a penal institution, hospital, | 17 |
| or other institution or facility, and if confined, for the | 18 |
| period of his or her natural life after parole, discharge, or | 19 |
| release from any such facility. Any other person who is | 20 |
| required to register under this Act shall be required to | 21 |
| register for a period of 10 years after adjudication if not | 22 |
| confined to a penal institution, hospital or any other | 23 |
| institution or facility, and if confined, for a period of 10 | 24 |
| years after parole, discharge or release from any such |
|
|
|
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| 1 |
| facility. A juvenile violent offender against youth who is | 2 |
| allowed to leave a county, State, or federal facility for the | 3 |
| purposes of work release, education, or overnight visitations | 4 |
| shall be required to register within 3 days of beginning such a | 5 |
| program. Liability for registration terminates at the | 6 |
| expiration of 10 years from the date of adjudication if not | 7 |
| confined to a penal institution, hospital or any other | 8 |
| institution or facility and if confined, at the expiration of | 9 |
| 10 years from the date of parole, discharge or release from any | 10 |
| such facility, providing such person does not, during that | 11 |
| period, again become liable to register under the provisions of | 12 |
| this Act. Reconfinement due to a violation of parole or other | 13 |
| circumstances that relates to the original adjudication shall | 14 |
| extend the period of registration to 10 years after final | 15 |
| parole, discharge, or release. The Director of State Police, | 16 |
| consistent with administrative rules, shall extend for 10 years | 17 |
| the registration period of any juvenile violent offender | 18 |
| against youth who fails to comply with the provisions of this | 19 |
| Act. The registration period for any juvenile violent offender | 20 |
| against youth who fails to comply with any provision of the Act | 21 |
| shall extend the period of registration by 10 years beginning | 22 |
| from the first date of registration after the violation. If the | 23 |
| registration period is extended, the Department of State Police | 24 |
| shall send a registered letter to the law enforcement agency | 25 |
| where the juvenile violent offender against youth resides | 26 |
| within 3 days after the extension of the registration period. |
|
|
|
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| 1 |
| The juvenile violent offender against youth shall report to | 2 |
| that law enforcement agency and sign for that letter. One copy | 3 |
| of that letter shall be kept on file with the law enforcement | 4 |
| agency of the jurisdiction where the juvenile violent offender | 5 |
| against youth resides and one copy shall be returned to the | 6 |
| Department of State Police. | 7 |
| Section 50. Registration requirements. Registration as | 8 |
| required by this Act shall consist of a statement in writing | 9 |
| signed by the person giving the information that is required by | 10 |
| the Department of State Police, which may include the | 11 |
| fingerprints and must include a current photograph of the | 12 |
| person, to be updated annually. The registration information | 13 |
| must include whether the person is a juvenile violent offender | 14 |
| against youth. Within 3 days, the registering law enforcement | 15 |
| agency shall forward any required information to the Department | 16 |
| of State Police. The registering law enforcement agency shall | 17 |
| enter the information into the Law Enforcement Agencies Data | 18 |
| System (LEADS) as provided in Sections 6 and 7 of the | 19 |
| Intergovernmental Missing Child Recovery Act of 1984. | 20 |
| Section 55. Verification requirements.
| 21 |
| (a) The agency having jurisdiction shall verify the address | 22 |
| of juvenile violent offenders against youth required to | 23 |
| register with their agency at least once per year. The | 24 |
| verification must be documented in LEADS in the form and manner |
|
|
|
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| required by the Department of State Police. | 2 |
| (b) The supervising officer shall, within 15 days of | 3 |
| sentencing to probation or release from an Illinois Department | 4 |
| of Corrections facility or similar facility, contact the law | 5 |
| enforcement agency in the jurisdiction which the juvenile | 6 |
| violent offender against youth designated as his or her | 7 |
| intended residence and verify compliance with the requirements | 8 |
| of this Act. Revocation proceedings shall be immediately | 9 |
| commenced against a juvenile violent offender against youth on | 10 |
| probation, parole, or mandatory supervised release who fails to | 11 |
| comply with the requirements of this Act.
| 12 |
| Section 60. Public inspection of registration data. Except | 13 |
| as provided in this Act, the statements or any other | 14 |
| information required by this Act shall not be open to | 15 |
| inspection by the public, or by any person other than by a law | 16 |
| enforcement officer or other individual as may be authorized by | 17 |
| law and shall include law enforcement agencies of this State, | 18 |
| any other state, or of the federal government. Similar | 19 |
| information may be requested from any law enforcement agency of | 20 |
| another state or of the federal government for purposes of this | 21 |
| Act. It is a Class B misdemeanor to permit the unauthorized | 22 |
| release of any information required by this Act. | 23 |
| Section 65. Penalty. Any person who is required to register | 24 |
| under this Act who violates any of the provisions of this Act |
|
|
|
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| and any person who is required to register under this Act who | 2 |
| seeks to change his or her name under Article 21 of the Code of | 3 |
| Civil Procedure is guilty of a Class 3 felony. Any person who | 4 |
| is adjudicated or convicted for a violation of this Act for a | 5 |
| second or subsequent time is guilty of a Class 2 felony. Any | 6 |
| person who is required to register under this Act who knowingly | 7 |
| or wilfully gives material information required by this Act | 8 |
| that is false is guilty of a Class 3 felony. Any person | 9 |
| adjudicated or convicted of a violation of any provision of | 10 |
| this Act shall, in addition to any other penalty required by | 11 |
| law, be required to serve a minimum period of 7 days | 12 |
| confinement in the local county jail. The court shall impose a | 13 |
| mandatory minimum fine of $500 for failure to comply with any | 14 |
| provision of this Act. These fines shall be deposited into the | 15 |
| Child Murderer and Violent Offender Against Youth Registration | 16 |
| Fund. Any juvenile violent offender against youth who violates | 17 |
| any provision of this Act may be arrested and tried in any | 18 |
| Illinois county where the juvenile violent offender against | 19 |
| youth can be located. The local police department or sheriff's | 20 |
| office is not required to determine whether the person is | 21 |
| living within its jurisdiction. | 22 |
| Section 70. Child Murderer and Violent Offender Against | 23 |
| Youth Registration Fund. There is created the Child Murderer | 24 |
| and Violent Offender Against Youth Registration Fund. Moneys in | 25 |
| the Fund shall be used to cover costs incurred by the criminal |
|
|
|
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| justice system to administer this Act and the Child Murderer | 2 |
| Registration Act. The Department of State Police shall | 3 |
| establish and promulgate rules and procedures regarding the | 4 |
| administration of this Fund. Fifty percent of the moneys in the | 5 |
| Fund shall be allocated by the Department for sheriffs' offices | 6 |
| and police departments. The remaining moneys in the Fund shall | 7 |
| be allocated to the Illinois State Police for education and | 8 |
| administration of this Act and the Child Murderer Registration | 9 |
| Act. | 10 |
| Section 75. Access to State of Illinois databases. The | 11 |
| Department of State Police shall have access to State of | 12 |
| Illinois databases containing information that may help in the | 13 |
| identification or location of persons required to register | 14 |
| under this Act. Interagency agreements shall be implemented, | 15 |
| consistent with security and procedures established by the | 16 |
| State agency and consistent with the laws governing the | 17 |
| confidentiality of the information in the databases. | 18 |
| Information shall be used only for administration of this Act. | 19 |
| Section 80. Juvenile Violent Offender Against Youth | 20 |
| Database. | 21 |
|
(a) The Department of State Police shall establish and | 22 |
| maintain a Statewide Juvenile Violent Offender Against Youth | 23 |
| Database for the purpose of identifying juvenile violent | 24 |
| offenders against youth. The Database shall be created from the |
|
|
|
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| 1 |
| Law Enforcement Agencies Data System (LEADS) established under | 2 |
| Section 6 of the Intergovernmental Missing Child Recovery Act | 3 |
| of 1984. The Department of State Police shall examine its LEADS | 4 |
| database for persons registered as juvenile violent offenders | 5 |
| against youth under this Act and shall identify those who are | 6 |
| juvenile violent offenders against youth and shall add all the | 7 |
| information, including photographs if available, on those | 8 |
| juvenile violent offenders against youth to the Statewide | 9 |
| Juvenile Violent Offender Against Youth Database. | 10 |
| (b) The Department of State Police must develop and conduct | 11 |
| training to educate all those entities involved in the Juvenile | 12 |
| Violent Offender Against Youth Registration Program.
| 13 |
| Section 85. Verification that offense was not sexually | 14 |
| motivated. Any person who is adjudicated of any of the offenses | 15 |
| listed in subsection (b) of Section 5 of this Act on or after | 16 |
| the effective date of this Act, shall be required to register | 17 |
| as a juvenile offender on the Juvenile Violent Offender Against | 18 |
| Youth Registry if, at the time of sentencing, the sentencing | 19 |
| court verifies in writing that the offense was not sexually | 20 |
| motivated as defined in Section 10 of the Sex Offender | 21 |
| Management Board Act. If the offense was sexually motivated, | 22 |
| the juvenile offender shall be required to register pursuant to | 23 |
| the Juvenile Sex Offender Registration Act. | 24 |
| Section 90. List of juvenile violent offenders against |
|
|
|
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| youth; list of facilities, schools, and institutions of higher | 2 |
| education. The Department of State Police shall promulgate | 3 |
| rules to develop a list of juvenile violent offenders against | 4 |
| youth covered by this Act and a list of child care facilities, | 5 |
| schools, and institutions of higher education eligible to | 6 |
| receive notice under this Act, so that the list can be | 7 |
| disseminated in a timely manner to law enforcement agencies | 8 |
| having jurisdiction. | 9 |
| Section 95. Community notification of juvenile violent | 10 |
| offenders against youth. | 11 |
|
(a) The sheriff of the county, except Cook County, shall | 12 |
| disclose to the following the name, address, date of birth, | 13 |
| place of employment, school attended, and offense or | 14 |
| adjudication of all juvenile violent offenders against youth | 15 |
| required to register under Section 10 of this Act: | 16 |
| (1) The boards of institutions of higher education or | 17 |
| other appropriate administrative offices of each | 18 |
| non-public institution of higher education located in the | 19 |
| county where the juvenile violent offender against youth is | 20 |
| required to register, resides, is employed, or is attending | 21 |
| an institution of higher education; and | 22 |
| (2) School boards of public school districts and the | 23 |
| principal or other appropriate administrative officer of | 24 |
| each nonpublic school located in the county where the | 25 |
| violent offender against youth is required to register or |
|
|
|
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| 1 |
| is employed; and | 2 |
| (3) Child care facilities located in the county where | 3 |
| the violent offender against youth is required to register | 4 |
| or is employed; and | 5 |
| (4) Libraries located in the county where the violent | 6 |
| offender against youth is required to register or is | 7 |
| employed. | 8 |
| (a-2) The sheriff of Cook County shall disclose to the | 9 |
| following the name, address, date of birth, place of | 10 |
| employment, school attended, and offense or adjudication of all | 11 |
| juvenile violent offenders against youth required to register | 12 |
| under Section 10 of this Act: | 13 |
| (1) School boards of public school districts and the | 14 |
| principal or other appropriate administrative officer of | 15 |
| each nonpublic school located within the region of Cook | 16 |
| County, as those public school districts and nonpublic | 17 |
| schools are identified in LEADS, other than the City of | 18 |
| Chicago, where the juvenile violent offender against youth | 19 |
| is required to register or is employed; | 20 |
| (2) Child care facilities located within the region of | 21 |
| Cook County, as those child care facilities are identified | 22 |
| in LEADS, other than the City of Chicago, where the | 23 |
| juvenile violent offender against youth is required to | 24 |
| register or is employed; | 25 |
| (3) The boards of institutions of higher education or | 26 |
| other appropriate administrative offices of each |
|
|
|
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| 1 |
| non-public institution of higher education located in the | 2 |
| county, other than the City of Chicago, where the juvenile | 3 |
| violent offender against youth is required to register, | 4 |
| resides, is employed, or attending an institution of higher | 5 |
| education; | 6 |
| (4) Libraries located in the county, other than the | 7 |
| City of Chicago, where the violent offender against youth | 8 |
| is required to register, resides, is employed, or is | 9 |
| attending an institution of higher education. | 10 |
| (a-3) The Chicago Police Department shall disclose to the | 11 |
| following the name, address, date of birth, place of | 12 |
| employment, school attended, and offense or adjudication of all | 13 |
| juvenile violent offenders against youth required to register | 14 |
| under Section 10 of this Act: | 15 |
| (1) School boards of public school districts and the | 16 |
| principal or other appropriate administrative officer of | 17 |
| each nonpublic school located in the police district where | 18 |
| the juvenile violent offender against youth is required to | 19 |
| register or is employed if the juvenile offender is | 20 |
| required to register or is employed in the City of Chicago;
| 21 |
| (2) Child care facilities located in the police | 22 |
| district where the juvenile violent offender against youth | 23 |
| is required to register or is employed if the juvenile | 24 |
| offender is required to register or is employed in the City | 25 |
| of Chicago; | 26 |
| (3) The boards of institutions of higher education or |
|
|
|
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| 1 |
| other appropriate administrative offices of each | 2 |
| non-public institution of higher education located in the | 3 |
| police district where the juvenile violent offender | 4 |
| against youth is required to register, resides, is | 5 |
| employed, or attending an institution of higher education | 6 |
| in the City of Chicago; and | 7 |
| (4) Libraries located in the police district where the | 8 |
| juvenile violent offender against youth is required to | 9 |
| register or is employed if the offender is required to | 10 |
| register or is employed in the City of Chicago. | 11 |
| (a-4) The Department of State Police shall provide a list | 12 |
| of juvenile violent offenders against youth required to | 13 |
| register to the Illinois Department of Children and Family | 14 |
| Services. | 15 |
| (b) The Department of State Police and any law enforcement | 16 |
| agency may disclose, in the Department's or agency's | 17 |
| discretion, the following information to any person likely to | 18 |
| encounter a juvenile violent offender against youth: | 19 |
| (1) The juvenile offender's name, address, and date of | 20 |
| birth; | 21 |
| (2) The offense for which the offender was convicted; | 22 |
| (3) The juvenile offender's photograph or other such | 23 |
| information that will help
identify the juvenile violent | 24 |
| offender against youth; and | 25 |
| (4) Juvenile offender employment information, to | 26 |
| protect
public safety.
|
|
|
|
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| Section 100. Notification regarding juvenile offenders. | 2 |
| (a) The Department of State Police and any law enforcement | 3 |
| agency having jurisdiction may, in the Department's or agency's | 4 |
| discretion, only provide the information specified in | 5 |
| subsection (b) of Section 95, with respect to an adjudicated | 6 |
| juvenile delinquent, to any person when that person's safety | 7 |
| may be compromised for some reason related to the juvenile | 8 |
| violent offender against youth. | 9 |
| (b) The local law enforcement agency having jurisdiction to | 10 |
| register the juvenile violent offender against youth shall | 11 |
| ascertain from the juvenile violent offender against youth | 12 |
| whether the juvenile violent offender against youth is enrolled | 13 |
| in school; and if so, shall provide a copy of the juvenile | 14 |
| violent offender against youth registration form only to the | 15 |
| principal or chief administrative officer of the school and any | 16 |
| guidance counselor designated by him or her. The registration | 17 |
| form shall be kept separately from any and all school records | 18 |
| maintained on behalf of the juvenile violent offender against | 19 |
| youth.
| 20 |
| Section 105. Special alerts. A law enforcement agency | 21 |
| having jurisdiction may provide to the public a special alert | 22 |
| list warning parents to be aware that juvenile violent | 23 |
| offenders against youth may attempt to contact children during | 24 |
| holidays involving children, such as Halloween, Christmas, and |
|
|
|
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| Easter.
| 2 |
| Section 110. The Sex Offender Registration Act is amended | 3 |
| by changing the title of the Act and Sections 1, 2, 3, 3-5, 4, | 4 |
| 5, 5-5, 6, 7, 8, 8-5, 9, and 10 as follows:
| 5 |
| (730 ILCS 150/Act title)
| 6 |
| AN ACT to require the registration of sex offenders and
in | 7 |
| relation to the confidentiality of information concerning | 8 |
| minor victims
of juvenile sex offenses and concerning missing | 9 |
| children. (Article I)
| 10 |
| (730 ILCS 150/1) (from Ch. 38, par. 221)
| 11 |
| Sec. 1. Short title. This Article may be cited
as the | 12 |
| Juvenile Sex Offender Registration Act.
| 13 |
| (Source: P.A. 89-8, eff. 1-1-96.)
| 14 |
| (730 ILCS 150/2) (from Ch. 38, par. 222)
| 15 |
| Sec. 2. Definitions.
| 16 |
| (A) As used in this Article, " juvenile sex offender" means | 17 |
| any person who is:
| 18 |
| (1) adjudicated a juvenile delinquent as the result of | 19 |
| committing or attempting to commit an act which, if | 20 |
| committed by an adult, would constitute any of the offenses | 21 |
| specified in item (B) or (C) of this Section or a violation | 22 |
| of any substantially similar federal, Uniform Code of |
|
|
|
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| Military Justice, sister state, or foreign country law, or | 2 |
| found guilty under Article V of the Juvenile Court Act of | 3 |
| 1987 of committing or attempting to commit an act which, if | 4 |
| committed by an adult, would constitute any of the offenses | 5 |
| specified in item (B) or (C) of this Section or a violation | 6 |
| of any substantially similar federal, Uniform Code of | 7 |
| Military Justice, sister state, or foreign country law. | 8 |
| Adjudications that result from or are connected with | 9 |
| the same act, or result from offenses committed at the same | 10 |
| time, shall be counted for the purpose of this Article as | 11 |
| one adjudication. Any adjudication set aside pursuant to | 12 |
| law is not an adjudication for purposes of this Article; or
| 13 |
| (2) (1) charged as a juvenile pursuant to Illinois law, | 14 |
| or any substantially similar
federal, Uniform Code of | 15 |
| Military Justice, sister state, or foreign country
law,
| 16 |
| with a sex offense set forth
in subsection (B) of this | 17 |
| Section or the attempt to commit an included sex
offense, | 18 |
| and:
| 19 |
| (a) (blank) is convicted of such offense or an | 20 |
| attempt to commit such offense ;
or
| 21 |
| (b) is found not guilty by reason of insanity of | 22 |
| such offense or an
attempt to commit such offense; or
| 23 |
| (c) is found not guilty by reason of insanity | 24 |
| pursuant to Section
104-25(c) of the Code of Criminal | 25 |
| Procedure of 1963 of such offense or an
attempt to | 26 |
| commit such offense; or
|
|
|
|
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| 1 |
| (d) is the subject of a finding not resulting in an | 2 |
| acquittal at a
hearing conducted pursuant to Section | 3 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 4 |
| the alleged commission or attempted commission of such
| 5 |
| offense; or
| 6 |
| (e) is found not guilty by reason of insanity | 7 |
| following a hearing
conducted pursuant to a federal, | 8 |
| Uniform Code of Military Justice, sister
state, or | 9 |
| foreign country law
substantially similar to Section | 10 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 11 |
| such offense or of the attempted commission of such | 12 |
| offense; or
| 13 |
| (f) is the subject of a finding not resulting in an | 14 |
| acquittal at a
hearing conducted pursuant to a federal, | 15 |
| Uniform Code of Military Justice,
sister state, or | 16 |
| foreign country law
substantially similar to Section | 17 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 18 |
| the alleged violation or attempted commission of such | 19 |
| offense;
or
| 20 |
| (3) (2) certified as a sexually dangerous person | 21 |
| pursuant to the Illinois
Sexually Dangerous Persons Act, or | 22 |
| any substantially similar federal, Uniform
Code of | 23 |
| Military Justice, sister
state, or foreign country law; or
| 24 |
| (4) (3) subject to the provisions of Section 2 of the | 25 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 26 |
| or
|
|
|
|
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| 1 |
| (5) (4) found to be a sexually violent person pursuant | 2 |
| to the Sexually
Violent Persons Commitment Act or any | 3 |
| substantially similar federal, Uniform
Code of Military | 4 |
| Justice, sister
state, or foreign country law . ; or
| 5 |
| (5) adjudicated a juvenile delinquent as the result of | 6 |
| committing or
attempting to commit an act which, if | 7 |
| committed by an adult, would constitute
any of the offenses | 8 |
| specified in item (B), (C), or (C-5) of this Section or a
| 9 |
| violation of any substantially similar federal, Uniform | 10 |
| Code of Military
Justice, sister state, or foreign
country | 11 |
| law, or found guilty under Article V of the Juvenile Court | 12 |
| Act of 1987
of committing or attempting to commit an act | 13 |
| which, if committed by an adult,
would constitute any of | 14 |
| the offenses specified in item (B), (C), or (C-5) of
this | 15 |
| Section or a violation of any substantially similar | 16 |
| federal, Uniform Code
of Military Justice, sister state,
or | 17 |
| foreign country law.
| 18 |
| Convictions that result from or are connected with the same | 19 |
| act, or result
from offenses committed at the same time, shall | 20 |
| be counted for the purpose of
this Article as one conviction. | 21 |
| Any conviction set aside pursuant to law is
not a conviction | 22 |
| for purposes of this Article.
| 23 |
|
For purposes of this Section, "convicted" shall have the | 24 |
| same meaning as
"adjudicated".
| 25 |
| (B) As used in this Article, "sex offense" means:
| 26 |
| (1) A violation of any of the following Sections of the |
|
|
|
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| 1 |
| Criminal Code of
1961:
| 2 |
| 11-20.1 (child pornography),
| 3 |
| 11-20.3 (aggravated child pornography),
| 4 |
| 11-6 (indecent solicitation of a child),
| 5 |
| 11-9.1 (sexual exploitation of a child),
| 6 |
| 11-9.2 (custodial sexual misconduct),
| 7 |
| 11-9.5 (sexual misconduct with a person with a | 8 |
| disability),
| 9 |
| 11-15.1 (soliciting for a juvenile prostitute),
| 10 |
| 11-18.1 (patronizing a juvenile prostitute),
| 11 |
| 11-17.1 (keeping a place of juvenile | 12 |
| prostitution),
| 13 |
| 11-19.1 (juvenile pimping),
| 14 |
| 11-19.2 (exploitation of a child),
| 15 |
| 11-25 (grooming), | 16 |
| 11-26 (traveling to meet a minor),
| 17 |
| 12-13 (criminal sexual assault),
| 18 |
| 12-14 (aggravated criminal sexual assault),
| 19 |
| 12-14.1 (predatory criminal sexual assault of a | 20 |
| child),
| 21 |
| 12-15 (criminal sexual abuse),
| 22 |
| 12-16 (aggravated criminal sexual abuse),
| 23 |
| 12-33 (ritualized abuse of a child).
| 24 |
| An attempt to commit any of these offenses.
| 25 |
| (1.5)
A violation of any of the following Sections of | 26 |
| the
Criminal Code of 1961, when the victim is a person |
|
|
|
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| 1 |
| under 18 years of age, the
defendant is not a parent of the | 2 |
| victim, the offense was sexually motivated as defined in | 3 |
| Section 10 of the Sex Offender Management Board Act, and | 4 |
| the offense was committed on or
after January 1, 1996:
| 5 |
| 10-1 (kidnapping),
| 6 |
| 10-2 (aggravated kidnapping),
| 7 |
| 10-3 (unlawful restraint),
| 8 |
| 10-3.1 (aggravated unlawful restraint).
| 9 |
| (1.6) (Blank).
First degree murder under Section 9-1 of | 10 |
| the Criminal Code of 1961,
when the victim was a person | 11 |
| under 18 years of age and the defendant was at least
17 | 12 |
| years of age at the time of the commission of the offense, | 13 |
| provided the offense was sexually motivated as defined in | 14 |
| Section 10 of the Sex Offender Management Board Act.
| 15 |
| (1.7) (Blank).
| 16 |
| (1.8) A violation or attempted violation of Section | 17 |
| 11-11 (sexual
relations within families) of the Criminal | 18 |
| Code of 1961, and the offense was committed on or after
| 19 |
| June 1, 1997.
| 20 |
| (1.9) Child abduction under paragraph (10) of | 21 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 22 |
| committed by luring or
attempting to lure a child under the | 23 |
| age of 16 into a motor vehicle, building,
house trailer, or | 24 |
| dwelling place without the consent of the parent or lawful
| 25 |
| custodian of the child for other than a lawful purpose and | 26 |
| the offense was
committed on or after January 1, 1998, |
|
|
|
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| 1 |
| provided the offense was sexually motivated as defined in | 2 |
| Section 10 of the Sex Offender Management Board Act.
| 3 |
| (1.10) A violation or attempted violation of any of the | 4 |
| following Sections
of the Criminal Code of 1961 when the | 5 |
| offense was committed on or after July
1, 1999:
| 6 |
| 10-4 (forcible detention, if the victim is under 18 | 7 |
| years of age), provided the offense was sexually | 8 |
| motivated as defined in Section 10 of the Sex Offender | 9 |
| Management Board Act,
| 10 |
| 11-6.5 (indecent solicitation of an adult),
| 11 |
| 11-15 (soliciting for a prostitute, if the victim | 12 |
| is under 18 years
of age),
| 13 |
| 11-16 (pandering, if the victim is under 18 years | 14 |
| of age),
| 15 |
| 11-18 (patronizing a prostitute, if the victim is | 16 |
| under 18 years
of age),
| 17 |
| 11-19 (pimping, if the victim is under 18 years of | 18 |
| age).
| 19 |
| (1.11) A violation or attempted violation of any of the | 20 |
| following
Sections of the Criminal Code of 1961 when the | 21 |
| offense was committed on or
after August 22, 2002:
| 22 |
| 11-9 (public indecency for a third or subsequent | 23 |
| adjudication conviction ).
| 24 |
| (1.12) A violation or attempted violation of Section
| 25 |
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 26 |
| when the
offense was committed on or after August 22, 2002.
|
|
|
|
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| 1 |
| (2) A violation of any former law of this State | 2 |
| substantially equivalent
to any offense listed in | 3 |
| subsection (B) of this Section.
| 4 |
| (C) An adjudication A conviction for an offense of federal | 5 |
| law, Uniform Code of Military
Justice, or the law of another | 6 |
| state
or a foreign country that is substantially equivalent to | 7 |
| any offense listed
in subsections (B), (C), and (E) of this | 8 |
| Section shall
constitute an adjudication a
conviction for the | 9 |
| purpose
of this Article. A finding or adjudication as a | 10 |
| sexually dangerous person
or a sexually violent person under | 11 |
| any federal law, Uniform Code of Military
Justice, or the law | 12 |
| of another state or
foreign country that is substantially | 13 |
| equivalent to the Sexually Dangerous
Persons Act or the | 14 |
| Sexually Violent Persons Commitment Act shall constitute an
| 15 |
| adjudication for the purposes of this Article.
| 16 |
| (C-5) (Blank). A person at least 17 years of age at the | 17 |
| time of the commission of
the offense who is convicted of first | 18 |
| degree murder under Section 9-1 of the
Criminal Code of 1961, | 19 |
| against a person
under 18 years of age, shall be required to | 20 |
| register
for natural life.
A conviction for an offense of | 21 |
| federal, Uniform Code of Military Justice,
sister state, or | 22 |
| foreign country law that is substantially equivalent to any
| 23 |
| offense listed in subsection (C-5) of this Section shall | 24 |
| constitute a
conviction for the purpose of this Article. This | 25 |
| subsection (C-5) applies to a person who committed the offense | 26 |
| before June 1, 1996 only if the person is incarcerated in an |
|
|
|
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| 1 |
| Illinois Department of Corrections facility on August 20, 2004 | 2 |
| (the effective date of Public Act 93-977).
| 3 |
| (D) As used in this Article, "law enforcement agency having | 4 |
| jurisdiction"
means the Chief of Police in each of the | 5 |
| municipalities in which the juvenile sex offender
expects to | 6 |
| reside, work, or attend school (1) upon his or her discharge,
| 7 |
| parole or release or
(2) during the service of his or her | 8 |
| sentence of probation or conditional
discharge, or the Sheriff | 9 |
| of the county, in the event no Police Chief exists
or if the | 10 |
| juvenile offender intends to reside, work, or attend school in | 11 |
| an
unincorporated area.
"Law enforcement agency having | 12 |
| jurisdiction" includes the location where
out-of-state | 13 |
| students attend school and where out-of-state employees are
| 14 |
| employed or are otherwise required to register.
| 15 |
| (D-1) As used in this Article, "supervising officer" means | 16 |
| the assigned Illinois Department of Corrections parole agent or | 17 |
| county probation officer. | 18 |
| (E) As used in this Article, "sexual predator" means any | 19 |
| person who,
after July 1, 1999, is:
| 20 |
| (1) Adjudicated Convicted for an offense of federal, | 21 |
| Uniform Code of Military
Justice, sister state, or foreign | 22 |
| country law that is substantially equivalent
to any offense | 23 |
| listed in subsection (E) of this Section shall constitute | 24 |
| an adjudication a
conviction for the purpose of this | 25 |
| Article.
Adjudicated Convicted of a violation or attempted | 26 |
| violation of any of the following
Sections of the
Criminal |
|
|
|
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| 1 |
| Code of 1961, if the adjudication conviction occurred after | 2 |
| July
1, 1999:
| 3 |
| 11-17.1 (keeping a place of juvenile | 4 |
| prostitution),
| 5 |
| 11-19.1 (juvenile pimping),
| 6 |
| 11-19.2 (exploitation of a child),
| 7 |
| 11-20.1 (child pornography),
| 8 |
| 11-20.3 (aggravated child pornography),
| 9 |
| 12-13 (criminal sexual assault),
| 10 |
| 12-14 (aggravated criminal sexual assault),
| 11 |
| 12-14.1 (predatory criminal sexual assault of a | 12 |
| child),
| 13 |
| 12-16 (aggravated criminal sexual abuse),
| 14 |
| 12-33 (ritualized abuse of a child);
| 15 |
| (2) (blank);
| 16 |
| (3) certified as a sexually dangerous person pursuant | 17 |
| to the Sexually
Dangerous Persons Act or any substantially | 18 |
| similar federal, Uniform Code of
Military Justice, sister | 19 |
| state, or
foreign country law;
| 20 |
| (4) found to be a sexually violent person pursuant to | 21 |
| the Sexually Violent
Persons Commitment Act or any | 22 |
| substantially similar federal, Uniform Code of
Military | 23 |
| Justice, sister state, or
foreign country law;
| 24 |
| (5) adjudicated convicted of a second or subsequent | 25 |
| offense which requires
registration pursuant to this Act. | 26 |
| The adjudication conviction for the second or subsequent
|
|
|
|
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| 1 |
| offense must have occurred after July 1, 1999. For purposes | 2 |
| of this paragraph
(5), " adjudicated convicted " shall | 3 |
| include an adjudication a conviction under any
| 4 |
| substantially similar
Illinois, federal, Uniform Code of | 5 |
| Military Justice, sister state, or
foreign country law; or
| 6 |
| (6) adjudicated convicted of a second or subsequent | 7 |
| offense of luring a minor under Section 10-5.1 of the | 8 |
| Criminal Code of 1961. | 9 |
| (F) As used in this Article, "out-of-state student" means | 10 |
| any juvenile sex
offender, as defined in this Section,
or | 11 |
| sexual predator who is enrolled in Illinois, on a full-time or | 12 |
| part-time
basis, in any public or private educational | 13 |
| institution, including, but not
limited to, any secondary | 14 |
| school, trade or professional institution, or
institution of | 15 |
| higher learning.
| 16 |
| (G) As used in this Article, "out-of-state employee" means | 17 |
| any juvenile sex
offender, as defined in this Section,
or | 18 |
| sexual predator who works in Illinois, regardless of whether | 19 |
| the individual
receives payment for services performed, for a | 20 |
| period of time of 10 or more days
or for an aggregate period of | 21 |
| time of 30 or more days
during any calendar year.
Persons who | 22 |
| operate motor vehicles in the State accrue one day of | 23 |
| employment
time for any portion of a day spent in Illinois.
| 24 |
| (H) As used in this Article, "school" means any public or | 25 |
| private educational institution, including, but not limited | 26 |
| to, any elementary or secondary school, trade or professional |
|
|
|
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| institution, or institution of higher education. | 2 |
| (I) As used in this Article, "fixed residence" means any | 3 |
| and all places that a juvenile sex offender resides for an | 4 |
| aggregate period of time of 5 or more days in a calendar year.
| 5 |
| (J) As used in this Article, "Internet protocol address" | 6 |
| means the string of numbers by which a location on the Internet | 7 |
| is identified by routers or other computers connected to the | 8 |
| Internet. | 9 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 10 |
| 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 11 |
| 8-21-08; 96-301, eff. 8-11-09.)
| 12 |
| (730 ILCS 150/3)
| 13 |
| Sec. 3. Duty to register.
| 14 |
| (a) A juvenile sex offender, as defined in Section 2 of | 15 |
| this Act, or sexual
predator shall, within the time period
| 16 |
| prescribed in subsections (b) and (c), register in person
and | 17 |
| provide accurate information as required by the Department of | 18 |
| State
Police. Such information shall include a current | 19 |
| photograph,
current address,
current place of employment, the | 20 |
| employer's telephone number, school attended, all e-mail | 21 |
| addresses, instant messaging identities, chat room identities, | 22 |
| and other Internet communications identities that the juvenile | 23 |
| sex offender uses or plans to use, all Uniform Resource | 24 |
| Locators (URLs) registered or used by the juvenile sex | 25 |
| offender, all blogs and other Internet sites maintained by the |
|
|
|
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| juvenile sex offender or to which the juvenile sex offender has | 2 |
| uploaded any content or posted any messages or information, | 3 |
| extensions of the time period for registering as provided in | 4 |
| this Article and, if an extension was granted, the reason why | 5 |
| the extension was granted and the date the juvenile sex | 6 |
| offender was notified of the extension. The information shall | 7 |
| also include the county of conviction, license plate numbers | 8 |
| for every vehicle registered in the name of the juvenile sex | 9 |
| offender, the age of the juvenile sex offender at the time of | 10 |
| the commission of the offense, the age of the victim at the | 11 |
| time of the commission of the offense, and any distinguishing | 12 |
| marks located on the body of the juvenile sex offender. A | 13 |
| juvenile sex offender adjudicated convicted under Section | 14 |
| 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961 | 15 |
| shall provide all Internet protocol (IP) addresses in his or | 16 |
| her residence, registered in his or her name, accessible at his | 17 |
| or her place of employment, or otherwise under his or her | 18 |
| control or custody. The juvenile sex offender or
sexual | 19 |
| predator shall register:
| 20 |
| (1) with the chief of police in the municipality in | 21 |
| which he or she
resides or is temporarily domiciled for a | 22 |
| period of time of 3 5 or more
days, unless the
municipality | 23 |
| is the City of Chicago, in which case he or she shall | 24 |
| register
at the Chicago Police Department Headquarters; or
| 25 |
| (2) with the sheriff in the county in which
he or she | 26 |
| resides or is
temporarily domiciled
for a period of time of |
|
|
|
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| 1 |
| 3 5 or more days in an unincorporated
area or, if | 2 |
| incorporated, no police chief exists.
| 3 |
| If the juvenile sex offender or sexual predator is employed | 4 |
| at or attends an institution of higher education, he or she | 5 |
| shall register:
| 6 |
| (i) with the chief of police in the municipality in | 7 |
| which he or she is employed at or attends an institution of | 8 |
| higher education, unless the municipality is the City of | 9 |
| Chicago, in which case he or she shall register at the | 10 |
| Chicago Police Department Headquarters; or | 11 |
| (ii) with the sheriff in the county in which he or she | 12 |
| is employed or attends an institution of higher education | 13 |
| located in an unincorporated area, or if incorporated, no | 14 |
| police chief exists.
| 15 |
| For purposes of this Article, the place of residence or | 16 |
| temporary
domicile is defined as any and all places where the | 17 |
| juvenile sex offender resides
for an aggregate period of time | 18 |
| of 3 5 or more days during any calendar year.
Any person | 19 |
| required to register under this Article who lacks a fixed | 20 |
| address or temporary domicile must notify, in person, the | 21 |
| agency of jurisdiction of his or her last known address within | 22 |
| 3 days after ceasing to have a fixed residence.
| 23 |
| Any person who lacks a fixed residence must report weekly, | 24 |
| in person, with the sheriff's office of the county in which he | 25 |
| or she is located in an unincorporated area, or with the chief | 26 |
| of police in the municipality in which he or she is located. |
|
|
|
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| 1 |
| The agency of jurisdiction will document each weekly | 2 |
| registration to include all the locations where the person has | 3 |
| stayed during the past 7 days.
| 4 |
| The sex offender or sexual predator shall provide accurate | 5 |
| information
as required by the Department of State Police. That | 6 |
| information shall include
the sex offender's or sexual | 7 |
| predator's current place of employment.
| 8 |
| (a-5) An out-of-state student or out-of-state employee | 9 |
| shall,
within 3 days after beginning school or employment in | 10 |
| this State,
register in person and provide accurate information | 11 |
| as required by the
Department of State Police. Such information | 12 |
| will include current place of
employment, school attended, and | 13 |
| address in state of residence. A juvenile sex offender | 14 |
| adjudicated convicted under Section 11-6, 11-20.1, 11-20.3, or | 15 |
| 11-21 of the Criminal Code of 1961 shall provide all Internet | 16 |
| protocol (IP) addresses in his or her residence, registered in | 17 |
| his or her name, accessible at his or her place of employment, | 18 |
| or otherwise under his or her control or custody. The | 19 |
| out-of-state student or out-of-state employee shall register:
| 20 |
| (1) with the chief of police in the municipality in | 21 |
| which he or she attends school or is employed for a period | 22 |
| of time of 3 5
or more days or for an
aggregate period of | 23 |
| time of more than 30 days during any
calendar year, unless | 24 |
| the
municipality is the City of Chicago, in which case he | 25 |
| or she shall register at
the Chicago Police Department | 26 |
| Headquarters; or
|
|
|
|
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|
| 1 |
| (2) with the sheriff in the county in which
he or she | 2 |
| attends school or is
employed for a period of time of 3 5 | 3 |
| or more days or
for an aggregate period of
time of more | 4 |
| than 30 days during any calendar year in an
unincorporated | 5 |
| area
or, if incorporated, no police chief exists.
| 6 |
| The out-of-state student or out-of-state employee shall | 7 |
| provide accurate
information as required by the Department of | 8 |
| State Police. That information
shall include the out-of-state | 9 |
| student's current place of school attendance or
the | 10 |
| out-of-state employee's current place of employment.
| 11 |
| (a-10) Any law enforcement agency registering juvenile sex | 12 |
| offenders or sexual predators in accordance with subsections | 13 |
| (a) or (a-5) of this Section shall forward to the Attorney | 14 |
| General a copy of juvenile sex offender registration forms from | 15 |
| persons convicted under Section 11-6, 11-20.1, 11-20.3, or | 16 |
| 11-21 of the Criminal Code of 1961, including periodic and | 17 |
| annual registrations under Section 6 of this Act. | 18 |
| (b) Any juvenile sex offender, as defined in Section 2 of | 19 |
| this Act, or sexual
predator, regardless of any initial,
prior, | 20 |
| or other registration, shall, within 3 days of beginning | 21 |
| school,
or establishing a
residence, place of employment, or | 22 |
| temporary domicile in
any county, register in person as set | 23 |
| forth in subsection (a)
or (a-5).
| 24 |
| (c) The registration for any person required to register | 25 |
| under this
Article shall be as follows:
| 26 |
| (1) Any person registered under the Sex Offender |
|
|
|
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|
| 1 |
| Registration Act for an adjudication of a sex offense | 2 |
| Habitual Child Sex Offender
Registration Act or the Child | 3 |
| Sex Offender Registration Act prior to July 1, 2011 January
| 4 |
| 1, 1996 , shall be deemed initially registered as of July 1, | 5 |
| 2011 January 1, 1996 ; however,
this shall not be construed | 6 |
| to extend the duration of registration set forth
in Section | 7 |
| 7.
| 8 |
| (2) Except as provided in subsection (c)(4), any person | 9 |
| convicted or
adjudicated prior to July 1, 2011 January 1, | 10 |
| 1996 , whose liability for registration under
Section 7 has | 11 |
| not expired, shall register in person with the appropriate | 12 |
| law enforcement agency with whom he or she last registered | 13 |
| within one year from the date of last registration under | 14 |
| the Sex Offender Registration Act prior to January 31,
| 15 |
| 1996 .
| 16 |
| (2.5) Except as provided in subsection (c)(4), any | 17 |
| person who has not
been notified of his or her | 18 |
| responsibility to register shall be notified by a
criminal | 19 |
| justice entity of his or her responsibility to register. | 20 |
| Upon
notification the person must then register within 3 | 21 |
| days of notification of
his or her requirement to register. | 22 |
| If notification is not made within the
offender's 10 year | 23 |
| registration requirement, and the Department of State
| 24 |
| Police determines no evidence exists or indicates the | 25 |
| offender attempted to
avoid registration, the offender | 26 |
| will no longer be required to register under
this Act.
|
|
|
|
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|
| 1 |
| (3) Except as provided in subsection (c)(4), any person | 2 |
| convicted on
or after January 1, 1996, shall register in | 3 |
| person within 3 days after the
entry of the sentencing | 4 |
| order based upon his or her conviction.
| 5 |
| (4) Any person unable to comply with the registration | 6 |
| requirements of
this Article because he or she is confined, | 7 |
| institutionalized,
or imprisoned in Illinois on or after | 8 |
| January 1, 1996, shall register in person
within 3 days of | 9 |
| discharge, parole or release.
| 10 |
| (5) The person shall provide positive identification | 11 |
| and documentation
that substantiates proof of residence at | 12 |
| the registering address.
| 13 |
| (6) The person shall pay a $20
initial registration fee | 14 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 15 |
| registering agency for official
purposes. The agency shall | 16 |
| establish procedures to document receipt and use
of the | 17 |
| funds.
The law enforcement agency having jurisdiction may | 18 |
| waive the registration fee
if it determines that the person | 19 |
| is indigent and unable to pay the registration
fee.
Ten | 20 |
| dollars for the initial registration fee and $5 of the | 21 |
| annual renewal fee
shall be used by the registering agency | 22 |
| for official purposes. Ten dollars of
the initial | 23 |
| registration fee and $5 of the annual fee shall be | 24 |
| deposited into
the Sex Offender Management Board Fund under | 25 |
| Section 19 of the Sex Offender
Management Board Act. Money | 26 |
| deposited into the Sex Offender Management Board
Fund shall |
|
|
|
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|
| 1 |
| be administered by the Sex Offender Management Board and | 2 |
| shall be
used to
fund practices endorsed or required by the | 3 |
| Sex Offender Management Board Act
including but not limited | 4 |
| to sex offenders evaluation, treatment, or
monitoring | 5 |
| programs that are or may be developed, as well as for
| 6 |
| administrative costs, including staff, incurred by the | 7 |
| Board.
| 8 |
| (d) Within 3 days after obtaining or changing employment | 9 |
| and, if employed
on January 1, 2000, within 5 days after that | 10 |
| date, a person required to
register under this Section must | 11 |
| report, in person to the law
enforcement agency having | 12 |
| jurisdiction, the business name and address where he
or she is | 13 |
| employed. If the person has multiple businesses or work | 14 |
| locations,
every business and work location must be reported to | 15 |
| the law enforcement agency
having jurisdiction.
| 16 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | 17 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | 18 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.) | 19 |
| (730 ILCS 150/3-5) | 20 |
| Sec. 3-5. Application of Act to adjudicated juvenile | 21 |
| delinquents. | 22 |
| (a) In all cases involving an adjudicated juvenile
| 23 |
| delinquent who meets the definition of juvenile sex offender as | 24 |
| set
forth in paragraph (1) (5) of subsection (A) of Section 2 | 25 |
| of this
Act, the court shall order the minor to register as a |
|
|
|
09600SB3799sam001 |
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|
| 1 |
| juvenile sex offender. | 2 |
| (b) Once an adjudicated juvenile delinquent is ordered to
| 3 |
| register as a juvenile sex offender, the adjudicated juvenile | 4 |
| delinquent
shall be subject to the registration requirements | 5 |
| set forth in
Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of | 6 |
| his or her
registration. | 7 |
| (c) For a minor adjudicated delinquent for an offense | 8 |
| which, if charged as an adult, would be a felony, no less than | 9 |
| 5 years after registration ordered pursuant to subsection (a) | 10 |
| of this Section, the minor may petition for the termination of | 11 |
| the term of registration. For a minor adjudicated delinquent | 12 |
| for an offense which, if charged as an adult, would be a | 13 |
| misdemeanor, no less than 2 years after registration ordered | 14 |
| pursuant to subsection (a) of this Section, the minor may | 15 |
| petition for termination of the term of registration. | 16 |
| (d) The court may upon a hearing on the petition for | 17 |
| termination of registration, terminate registration if the | 18 |
| court finds that the registrant poses no risk to the community | 19 |
| by a preponderance of the evidence based upon the factors set | 20 |
| forth in subsection (e). | 21 |
| (e) To determine whether a registrant poses a risk
to the | 22 |
| community as required by subsection (d), the court shall
| 23 |
| consider the following factors: | 24 |
| (1) a risk assessment performed by an evaluator
| 25 |
| approved by the Sex Offender Management Board; | 26 |
| (2) the sex offender history of the adjudicated
|
|
|
|
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| 1 |
| juvenile delinquent; | 2 |
| (3) evidence of the adjudicated juvenile delinquent's
| 3 |
| rehabilitation; | 4 |
| (4) the age of the adjudicated juvenile delinquent at
| 5 |
| the time of the offense; | 6 |
| (5) information related to the adjudicated juvenile
| 7 |
| delinquent's mental, physical, educational, and social
| 8 |
| history; | 9 |
| (6) victim impact statements; and | 10 |
| (7) any other factors deemed relevant by the court. | 11 |
| (f) At the hearing set forth in subsections (c) and (d), a
| 12 |
| registrant shall be represented by counsel and may present a
| 13 |
| risk assessment conducted by an evaluator who is a licensed
| 14 |
| psychiatrist, psychologist, or other mental health
| 15 |
| professional, and who has demonstrated clinical experience in
| 16 |
| juvenile sex offender treatment. | 17 |
| (g) After a registrant completes the term of his or her
| 18 |
| registration, his or her name, address, and all other
| 19 |
| identifying information shall be removed from all State and
| 20 |
| local registries. | 21 |
| (h) This Section applies retroactively to cases in which
| 22 |
| adjudicated juvenile delinquents who registered or were
| 23 |
| required to register before the effective date of this
| 24 |
| amendatory Act of the 95th General Assembly. On or after the
| 25 |
| effective date of this amendatory Act of the 95th General
| 26 |
| Assembly, a person adjudicated delinquent before the effective
|
|
|
|
09600SB3799sam001 |
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|
| 1 |
| date of this amendatory Act of the 95th General Assembly may
| 2 |
| request a hearing regarding status of registration by filing a | 3 |
| Petition Requesting Registration Status with the clerk of the | 4 |
| court. Upon receipt of the Petition Requesting Registration
| 5 |
| Status, the clerk of the court shall provide notice to the
| 6 |
| parties and set the Petition for hearing pursuant to
| 7 |
| subsections (c) through (e) of this Section. | 8 |
| (i) This Section does not apply to minors prosecuted under
| 9 |
| the criminal laws as adults.
| 10 |
| (Source: P.A. 95-658, eff. 10-11-07.)
| 11 |
| (730 ILCS 150/4) (from Ch. 38, par. 224)
| 12 |
| Sec. 4. Discharge of juvenile sex offender, as defined in | 13 |
| Section 2 of this Act,
or sexual predator from Department of
| 14 |
| Corrections
or Department of Juvenile Justice facility or other | 15 |
| penal institution; duties of
official in charge. Any juvenile | 16 |
| sex offender, as defined in Section 2 of this Act,
or sexual | 17 |
| predator, as defined by this
Article, who
is discharged, | 18 |
| paroled or released from a Department of
Corrections facility | 19 |
| or a Department of Juvenile Justice facility , a facility where | 20 |
| such person was placed by the
Department of Corrections or the | 21 |
| Department of Juvenile Justice, or another penal institution, | 22 |
| and
whose liability for
registration has not terminated under | 23 |
| Section 7 shall, prior to discharge,
parole or release from the | 24 |
| facility or institution, be informed of his or her
duty to | 25 |
| register in person within 3 days of release by the
facility or |
|
|
|
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| 1 |
| institution in which he or she was confined.
The facility or | 2 |
| institution shall also inform any person who must register
that | 3 |
| if he or she establishes a residence outside of the State of | 4 |
| Illinois,
is employed outside of the State of Illinois, or | 5 |
| attends school outside of
the
State of Illinois,
he
or she must | 6 |
| register in the new state within 3 days
after establishing
the
| 7 |
| residence, beginning employment, or beginning school.
| 8 |
| The facility shall require the person to read and sign such | 9 |
| form as may
be required by the Department of State Police | 10 |
| stating that the duty to
register and the procedure for | 11 |
| registration has been explained to him or her
and that he or | 12 |
| she understands the duty to register and the procedure for
| 13 |
| registration. The facility shall further advise the person in | 14 |
| writing that the
failure to register or other violation of this | 15 |
| Article shall result in
revocation of parole, mandatory | 16 |
| supervised release or conditional release.
The facility shall | 17 |
| obtain information about where the
person expects to reside, | 18 |
| work, and attend school upon
his or her discharge, parole or | 19 |
| release and shall report the information to the
Department of | 20 |
| State Police. The facility shall give one copy of the form
to | 21 |
| the person and shall send one copy to each of the law | 22 |
| enforcement agencies
having
jurisdiction where the person | 23 |
| expects to reside, work, and attend school
upon his or her | 24 |
| discharge,
parole or release and retain one copy for the files.
| 25 |
| Electronic data files which includes all notification form | 26 |
| information and
photographs of juvenile sex offenders being |
|
|
|
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| 1 |
| released from an Illinois Department of
Corrections or | 2 |
| Department of Juvenile Justice facility will be shared on a | 3 |
| regular basis as determined between
the Department of State | 4 |
| Police and the Department of Corrections or Juvenile Justice .
| 5 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
| 6 |
| (730 ILCS 150/5) (from Ch. 38, par. 225)
| 7 |
| Sec. 5. Release of juvenile sex offender, as defined in | 8 |
| Section 2 of this Act, or
sexual predator; duties of the Court.
| 9 |
| Any juvenile sex
offender, as defined in Section 2 of this Act, | 10 |
| or sexual predator, as
defined by this Article, who is released | 11 |
| on
probation or
discharged upon payment of a fine because of | 12 |
| the commission of one of the
offenses defined in subsection (B) | 13 |
| of Section 2 of this Article, shall, prior
to such release be | 14 |
| informed of his or her duty to register under this Article
by | 15 |
| the Court in which he or she was convicted. The Court shall | 16 |
| also inform
any person who must register that if he or she | 17 |
| establishes a residence
outside of the State of Illinois,
is | 18 |
| employed outside of the State of Illinois, or attends school | 19 |
| outside of
the
State of Illinois,
he or she must register in | 20 |
| the new state
within 3 days after establishing the residence, | 21 |
| beginning employment, or
beginning school. The Court shall | 22 |
| require
the person to read and sign such form as may be | 23 |
| required by the Department of
State Police stating that the | 24 |
| duty to register and the procedure for
registration has been | 25 |
| explained to him or her and that he or she understands
the duty |
|
|
|
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| 1 |
| to register and the procedure for registration. The Court shall
| 2 |
| further advise the person in writing that the failure to | 3 |
| register or other
violation of this Article shall result in
| 4 |
| probation revocation.
The Court shall obtain information about
| 5 |
| where the person expects to reside, work, and attend school | 6 |
| upon his or
her release, and shall report the
information to | 7 |
| the Department of State Police. The Court shall
give one copy | 8 |
| of
the form to the person and retain the original in the court | 9 |
| records. The
Department of State
Police shall notify the law | 10 |
| enforcement
agencies having
jurisdiction where the person | 11 |
| expects to reside, work and attend school
upon his or her | 12 |
| release.
| 13 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
| 14 |
| (730 ILCS 150/5-5)
| 15 |
| Sec. 5-5. Discharge of juvenile sex offender
or sexual | 16 |
| predator from a hospital
or other treatment
facility; duties of | 17 |
| the official in charge.
Any juvenile sex offender, as defined | 18 |
| in Section 2 of this Act, or sexual
predator, as defined in | 19 |
| this Article, who is
discharged or released
from a hospital or | 20 |
| other treatment facility where he or she was confined shall
be | 21 |
| informed by the hospital
or treatment facility in which
he or | 22 |
| she was confined, prior to discharge or
release from the | 23 |
| hospital or treatment facility, of his or her duty
to register | 24 |
| under this Article.
| 25 |
| The facility shall require the person to read and sign such |
|
|
|
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| 1 |
| form as may be
required by the Department of State Police | 2 |
| stating that the duty to register
and
the procedure for | 3 |
| registration has been explained to him or her and that he or
| 4 |
| she understands the duty to register and the procedure for | 5 |
| registration. The
facility shall give one copy of the form to | 6 |
| the person, retain one copy for
their records, and forward the | 7 |
| original to the Department of State Police. The
facility shall | 8 |
| obtain information about where the person
expects to reside, | 9 |
| work, and attend school upon his
or her discharge, parole, or | 10 |
| release and shall report the information to the
Department of | 11 |
| State Police within 3 days.
The facility or institution shall | 12 |
| also inform any person who must register
that if he or she | 13 |
| establishes a residence outside of the State of Illinois, is
| 14 |
| employed outside of the State of Illinois, or attends school | 15 |
| outside of the
State of Illinois, he or she must register in | 16 |
| the new state within 3 days
after establishing the residence, | 17 |
| beginning school, or beginning employment.
The Department of | 18 |
| State Police shall notify the
law enforcement agencies
having | 19 |
| jurisdiction where the person expects to reside, work, and | 20 |
| attend
school upon his or her
release.
| 21 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
| 22 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
| 23 |
| Sec. 6. Duty to report; change of address, school, or | 24 |
| employment; duty
to inform.
A person who has been adjudicated | 25 |
| to be sexually dangerous or is a sexually
violent person and is |
|
|
|
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| 1 |
| later released, or found to be no longer sexually
dangerous or | 2 |
| no longer a sexually violent person and discharged, or | 3 |
| convicted of a violation of this Act after July 1, 2005, shall | 4 |
| report in
person to the law enforcement agency with whom he or | 5 |
| she last registered no
later than 90 days after the date of his | 6 |
| or her last registration and every 90
days thereafter and at | 7 |
| such other times at the request of the law enforcement agency | 8 |
| not to exceed 4 times a year. Such sexually dangerous or | 9 |
| sexually
violent person must report all new or changed e-mail | 10 |
| addresses, all new or changed instant messaging identities, all | 11 |
| new or changed chat room identities, and all other new or | 12 |
| changed Internet communications identities that the sexually | 13 |
| dangerous or sexually
violent person uses or plans to use, all | 14 |
| new or changed Uniform Resource Locators (URLs) registered or | 15 |
| used by the sexually dangerous or sexually
violent person, and | 16 |
| all new or changed blogs and other Internet sites maintained by | 17 |
| the sexually dangerous or sexually
violent person or to which | 18 |
| the sexually dangerous or sexually
violent person has uploaded | 19 |
| any content or posted any messages or information. Any person | 20 |
| who lacks a fixed residence must report weekly, in person, to | 21 |
| the appropriate law enforcement agency where the juvenile sex | 22 |
| offender is located. Any other person who is required to | 23 |
| register under this
Article shall report in person to the | 24 |
| appropriate law enforcement agency with
whom he or she last | 25 |
| registered within one year from the date of last
registration | 26 |
| and every year thereafter and at such other times at the |
|
|
|
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| 1 |
| request of the law enforcement agency not to exceed 4 times a | 2 |
| year. If any person required to register under this Article | 3 |
| lacks a fixed residence or temporary domicile, he or she must | 4 |
| notify, in person, the agency of jurisdiction of his or her | 5 |
| last known address within 3 days after ceasing to have a fixed | 6 |
| residence and if the juvenile offender leaves the last | 7 |
| jurisdiction of residence, he or she, must within 3 days after | 8 |
| leaving register in person with the new agency of jurisdiction. | 9 |
| If any other person required to register
under this Article | 10 |
| changes his or her residence address, place of
employment,
or | 11 |
| school, he or she shall report in
person to the law
enforcement | 12 |
| agency
with whom he or she last registered of his or her new | 13 |
| address, change in
employment, or school, all new or changed | 14 |
| e-mail addresses, all new or changed instant messaging | 15 |
| identities, all new or changed chat room identities, and all | 16 |
| other new or changed Internet communications identities that | 17 |
| the juvenile sex offender uses or plans to use, all new or | 18 |
| changed Uniform Resource Locators (URLs) registered or used by | 19 |
| the juvenile sex offender, and all new or changed blogs and | 20 |
| other Internet sites maintained by the juvenile sex offender or | 21 |
| to which the juvenile sex offender has uploaded any content or | 22 |
| posted any messages or information, and register, in person, | 23 |
| with the appropriate law enforcement
agency within the
time | 24 |
| period specified in Section 3. The law enforcement agency | 25 |
| shall, within 3
days of the reporting in person by the person | 26 |
| required to register under this Article, notify the Department |
|
|
|
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| 1 |
| of State Police of the new place of residence, change in
| 2 |
| employment, or school.
| 3 |
| If any person required to register under this Article | 4 |
| intends to establish a
residence or employment outside of the | 5 |
| State of Illinois, at least 10 days
before establishing that | 6 |
| residence or employment, he or she shall report in person to | 7 |
| the law enforcement agency with which he or she last registered | 8 |
| of his
or her out-of-state intended residence or employment. | 9 |
| The law enforcement agency with
which such person last | 10 |
| registered shall, within 3 days after the reporting in person | 11 |
| of the person required to register under this Article of an | 12 |
| address or
employment change, notify the Department of State | 13 |
| Police. The Department of
State Police shall forward such | 14 |
| information to the out-of-state law enforcement
agency having | 15 |
| jurisdiction in the form and manner prescribed by the
| 16 |
| Department of State Police.
| 17 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | 18 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | 19 |
| 95-876, eff. 8-21-08.)
| 20 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 21 |
| Sec. 7. Duration of registration. A person who has been | 22 |
| adjudicated to
be
sexually dangerous and is later released or | 23 |
| found to be no longer sexually
dangerous and discharged, shall | 24 |
| register for the period of his or her natural
life.
A sexually | 25 |
| violent person or sexual predator shall register for the period |
|
|
|
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| 1 |
| of
his or her natural life
after conviction or adjudication if | 2 |
| not confined to a penal institution,
hospital, or other | 3 |
| institution or facility, and if confined, for
the period of his | 4 |
| or her natural life after parole, discharge, or release from
| 5 |
| any such facility.
A person who becomes subject to registration | 6 |
| under this Article who has previously been subject to | 7 |
| registration under this Article or under the Violent Offender | 8 |
| Against Youth Registration Act, the Sex Offender Registration | 9 |
| Act, or or under the Child Murderer and Violent Offender | 10 |
| Against Youth Registration Act or similar registration | 11 |
| requirements of other jurisdictions shall register for the | 12 |
| period of his or her natural life if not confined to a penal | 13 |
| institution,
hospital, or other institution or facility, and if | 14 |
| confined, for
the period of his or her natural life after | 15 |
| parole, discharge, or release from
any such facility. Any other | 16 |
| person who is required to register
under this Article shall be | 17 |
| required to register for a period of 10 years after
conviction | 18 |
| or adjudication if not confined to a penal institution, | 19 |
| hospital
or any other
institution or facility, and if confined, | 20 |
| for a period of 10 years after
parole, discharge or release | 21 |
| from any such facility. A juvenile sex offender who is
allowed | 22 |
| to leave a county, State, or federal facility for the purposes | 23 |
| of work
release, education, or overnight visitations shall be | 24 |
| required
to register within 3 days of beginning such a program. | 25 |
| Liability for
registration terminates at the expiration of 10 | 26 |
| years from the date of
conviction or adjudication if not |
|
|
|
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| 1 |
| confined to a penal institution, hospital
or any other
| 2 |
| institution or facility and if confined, at the expiration of | 3 |
| 10 years from the
date of parole, discharge or release from any | 4 |
| such facility, providing such
person does not, during that | 5 |
| period, again
become
liable
to register under the provisions of | 6 |
| this Article.
Reconfinement due to a violation of parole or | 7 |
| other circumstances that relates to the original conviction or | 8 |
| adjudication shall extend the period of registration to 10 | 9 |
| years after final parole, discharge, or release. Reconfinement | 10 |
| due to a violation of parole or other circumstances that do not | 11 |
| relate to the original conviction or adjudication shall toll | 12 |
| the running of the balance of the 10-year period of | 13 |
| registration, which shall not commence running until after | 14 |
| final parole, discharge, or release. The Director of State | 15 |
| Police, consistent with administrative rules, shall
extend for | 16 |
| 10 years the registration period of any juvenile sex offender, | 17 |
| as defined
in Section 2 of this Act, who fails to
comply with | 18 |
| the provisions of this Article. The registration period for any | 19 |
| juvenile sex offender who fails to comply with any provision of | 20 |
| the Act shall extend the period of registration by 10 years | 21 |
| beginning from the first date of registration after the | 22 |
| violation.
If the registration period is extended, the | 23 |
| Department of State Police shall send a registered letter to | 24 |
| the law enforcement agency where the juvenile sex offender | 25 |
| resides within 3 days after the extension of the registration | 26 |
| period. The juvenile sex offender shall report to that law |
|
|
|
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| 1 |
| enforcement agency and sign for that letter. One copy of that | 2 |
| letter shall be kept on file with the law enforcement agency of | 3 |
| the jurisdiction where the sex offender resides and one copy | 4 |
| shall be returned to the Department of State Police.
| 5 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 6 |
| eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 7 |
| 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| 8 |
| (730 ILCS 150/8) (from Ch. 38, par. 228)
| 9 |
| Sec. 8. Registration Requirements. Registration as | 10 |
| required by this
Article shall consist of a statement in | 11 |
| writing signed by the person giving the
information that is | 12 |
| required by the Department of State Police, which may
include | 13 |
| the fingerprints and must include a current photograph of the | 14 |
| person, to be updated annually. If the sex offender is a child | 15 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 16 |
| Criminal Code of 1961, he or she shall sign a statement that he | 17 |
| or she understands that according to Illinois law as a child | 18 |
| sex offender he or she may not reside within 500 feet of a | 19 |
| school, park, or playground. The offender may also not reside | 20 |
| within 500 feet of a facility providing services directed | 21 |
| exclusively toward persons under 18 years of age unless the sex | 22 |
| offender meets specified exemptions. The
registration
| 23 |
| information must include whether the person is a juvenile sex | 24 |
| offender as
defined
in the Juvenile Sex Offender Community | 25 |
| Notification
Law. Within 3
days, the
registering law |
|
|
|
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| 1 |
| enforcement agency shall forward any
required information to | 2 |
| the Department of State Police. The registering
law enforcement | 3 |
| agency shall
enter the information into the Law Enforcement | 4 |
| Agencies Data System (LEADS) as
provided in Sections 6 and 7 of | 5 |
| the Intergovernmental Missing Child Recovery
Act of 1984.
| 6 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 7 |
| 94-945, eff. 6-27-06.)
| 8 |
| (730 ILCS 150/8-5)
| 9 |
| Sec. 8-5. Verification requirements. | 10 |
| (a) Address verification. The agency having
jurisdiction
| 11 |
| shall verify the
address of juvenile sex offenders, as defined | 12 |
| in Section 2 of this Act, or sexual
predators required to | 13 |
| register with their
agency at least once per year. The | 14 |
| verification must be documented in
LEADS in the form and manner | 15 |
| required by the Department of State Police. | 16 |
| (a-5) Internet Protocol address verification. The agency | 17 |
| having jurisdiction may verify the Internet protocol (IP) | 18 |
| address of juvenile sex offenders, as defined in Section 2 of | 19 |
| this Act, who are required to register with their agency under | 20 |
| Section 3 of this Act. A copy of any such verification must be | 21 |
| sent to the Attorney General for entrance in the Illinois | 22 |
| Cyber-crimes Location Database pursuant to Section 5-4-3.2 of | 23 |
| the Unified Code of Corrections.
| 24 |
| (b) Registration or an Illinois Department of Juvenile | 25 |
| Justice verification. The supervising officer shall, within 15 |
|
|
|
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| days of sentencing to probation or release from an Illinois | 2 |
| Department of Corrections facility, contact the law | 3 |
| enforcement agency in the jurisdiction that in which the | 4 |
| juvenile sex offender or sexual predator designated as his or | 5 |
| her intended residence and verify compliance with the | 6 |
| requirements of this Act. Revocation proceedings shall be | 7 |
| immediately commenced against a juvenile sex offender or sexual | 8 |
| predator on probation, parole, or mandatory supervised release | 9 |
| who fails to comply with the requirements of this Act.
| 10 |
| (c) In an effort to ensure that sexual predators and | 11 |
| juvenile sex offenders who fail to respond to | 12 |
| address-verification attempts or who otherwise abscond from | 13 |
| registration are located in a timely manner, the Department of | 14 |
| State Police shall share information with local law enforcement | 15 |
| agencies. The Department shall use analytical resources to | 16 |
| assist local law enforcement agencies to determine the | 17 |
| potential whereabouts of any sexual predator or juvenile sex | 18 |
| offender who fails to respond to address-verification
attempts | 19 |
| or who otherwise absconds from registration. The Department | 20 |
| shall review and analyze all available information concerning | 21 |
| any such predator or offender who fails to respond to | 22 |
| address-verification attempts or who otherwise absconds from | 23 |
| registration and provide the information to local law | 24 |
| enforcement agencies in order to assist the agencies in | 25 |
| locating and apprehending the sexual predator or juvenile sex | 26 |
| offender.
|
|
|
|
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|
| 1 |
| (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08 .)
| 2 |
| (730 ILCS 150/9) (from Ch. 38, par. 229)
| 3 |
| Sec. 9. Public inspection of registration data. Except as
| 4 |
| provided in the Juvenile Sex Offender Community
Notification | 5 |
| Law,
the statements or any other information required by this | 6 |
| Article shall not be
open to inspection by the public, or by | 7 |
| any person other than by a law
enforcement officer or other | 8 |
| individual as may be authorized by law and shall
include law | 9 |
| enforcement agencies of this State, any other state, or of the
| 10 |
| federal government. Similar information may be requested from | 11 |
| any law
enforcement agency of another state or of the federal | 12 |
| government for purposes
of this Act. It is a Class B | 13 |
| misdemeanor to permit the unauthorized release of
any | 14 |
| information required by this Article.
| 15 |
| (Source: P.A. 94-945, eff. 6-27-06.)
| 16 |
| (730 ILCS 150/10) (from Ch. 38, par. 230)
| 17 |
| Sec. 10. Penalty.
| 18 |
| (a) Any person who is required to register under this
| 19 |
| Article who violates any of the provisions of this Article and | 20 |
| any person
who is required to register under this Article who | 21 |
| seeks to change his or her
name under Article 21 of the Code of | 22 |
| Civil Procedure is guilty of a Class 3
felony.
Any person who | 23 |
| is convicted for a violation of this Act for a second or | 24 |
| subsequent time is guilty of a Class 2 felony. Any person who |
|
|
|
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| 1 |
| is required to register under this Article who
knowingly or | 2 |
| wilfully gives material information required by this Article | 3 |
| that
is false is guilty of a Class 3 felony.
Any person | 4 |
| convicted of a violation of any provision of this Article
| 5 |
| shall, in addition to any other penalty required by law, be | 6 |
| required to serve a
minimum period of 7 days confinement in the | 7 |
| local county jail. The court shall
impose a mandatory minimum | 8 |
| fine of $500 for failure to comply with any
provision of this | 9 |
| Article. These fines shall be deposited in the Sex Offender
| 10 |
| Registration Fund. Any sex offender, as defined in Section 2 of | 11 |
| this Act,
or sexual predator who violates any
provision of this | 12 |
| Article may be arrested and
tried in any Illinois county where | 13 |
| the sex
offender can be located. The local police department or | 14 |
| sheriff's office is not required to determine whether the | 15 |
| person is living within its jurisdiction.
| 16 |
| (b) Any person, not covered by privilege under Part 8 of | 17 |
| Article VIII of the Code of Civil Procedure or the Illinois | 18 |
| Supreme Court's Rules of Professional Conduct, who has reason | 19 |
| to believe that a sexual predator is not complying, or has not | 20 |
| complied, with the requirements of this Article and who, with | 21 |
| the intent to assist the sexual predator in eluding a law | 22 |
| enforcement agency that is seeking to find the sexual predator | 23 |
| to question the sexual predator about, or to arrest the sexual | 24 |
| predator for, his or her noncompliance with the requirements of | 25 |
| this Article is guilty of a Class 3 felony if he or she: | 26 |
| (1) provides false information to the law enforcement |
|
|
|
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| 1 |
| agency having jurisdiction about the sexual predator's | 2 |
| noncompliance with the requirements of this Article, and, | 3 |
| if known, the whereabouts of the sexual predator; | 4 |
| (2) harbors, or attempts to harbor, or assists another | 5 |
| person in harboring or attempting to harbor, the sexual | 6 |
| predator; or | 7 |
| (3) conceals or attempts to conceal, or assists another | 8 |
| person in concealing or attempting to conceal, the sexual | 9 |
| predator. | 10 |
| (c) Subsection (b) does not apply if the sexual predator is | 11 |
| incarcerated in or is in the custody of a State correctional | 12 |
| facility, a private correctional facility, a county or | 13 |
| municipal jail, a State mental health facility or a State | 14 |
| treatment and detention facility, or a federal correctional | 15 |
| facility.
| 16 |
| (d) Subsections (a) and (b) do not apply if the juvenile | 17 |
| sex offender accurately registered his or her Internet protocol | 18 |
| address under this Act, and the address subsequently changed | 19 |
| without his or her knowledge or intent.
| 20 |
| (Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, | 21 |
| eff. 6-1-08 .)
| 22 |
| Section 1010. The Sex Offender Community Notification Law | 23 |
| is amended by changing Sections 101, 105, 110, 115, 116, 117, | 24 |
| 120, and 122 as follows:
|
|
|
|
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| 1 |
| (730 ILCS 152/101)
| 2 |
| Sec. 101. Short title. This Article may be cited as the | 3 |
| Juvenile Sex Offender Community Notification Law.
| 4 |
| (Source: P.A. 94-945, eff. 6-27-06.)
| 5 |
| (730 ILCS 152/105)
| 6 |
| Sec. 105. Definitions. As used in this Article, the | 7 |
| following
definitions apply:
| 8 |
| "Child care facilities" has the meaning set forth in the | 9 |
| Child Care Act of
1969, but does not include licensed foster | 10 |
| homes.
| 11 |
| "Law enforcement agency having jurisdiction"
means the | 12 |
| Chief of Police in the municipality in which the juvenile sex
| 13 |
| offender
expects to reside (1) upon his or her discharge, | 14 |
| parole or release or
(2) during the service of his or her | 15 |
| sentence of probation or conditional
discharge, or the Sheriff | 16 |
| of the county, in the event no Police Chief exists or
if the | 17 |
| juvenile sex offender intends to reside in an unincorporated | 18 |
| area.
"Law enforcement agency having jurisdiction" includes | 19 |
| the location where
out-of-state students attend school and | 20 |
| where
out-of-state employees are employed or are otherwise | 21 |
| required to register.
| 22 |
| "Sex offender" means any sex offender as defined
in the Sex | 23 |
| Offender Registration Act whose offense or adjudication as a
| 24 |
| sexually dangerous person occurred on or after June 1, 1996, | 25 |
| and whose
victim
was under the age of 18 at the time the |
|
|
|
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| offense was committed but does not
include the offenses set | 2 |
| forth in subsection (b)(1.5) of Section 2 of that Act;
and any | 3 |
| sex offender as defined in the Sex Offender Registration Act | 4 |
| whose
offense or adjudication as a sexually dangerous person | 5 |
| occurred on or after
June 1, 1997, and whose victim was 18 | 6 |
| years of age or older at the time the
offense was committed but | 7 |
| does not include the offenses set forth in subsection
(b)(1.5) | 8 |
| of Section 2 of that Act.
| 9 |
| "Sex offender" also means any sex offender as defined in
| 10 |
| the Sex Offender Registration Act whose offense or adjudication | 11 |
| as a sexually
dangerous person occurred before June 1, 1996, | 12 |
| and whose victim was under
the
age of 18 at the time the | 13 |
| offense was committed but does not include the
offenses set | 14 |
| forth in subsection (b)(1.5) of Section 2 of that Act; and any | 15 |
| sex
offender
as defined in the Sex Offender Registration Act | 16 |
| whose offense or adjudication
as a sexually dangerous person | 17 |
| occurred before June 1, 1997, and whose
victim
was 18 years of | 18 |
| age or older at the time the offense was committed but does not
| 19 |
| include the offenses set forth in subsection (b)(1.5) of | 20 |
| Section 2 of that
Act.
| 21 |
| "Juvenile sex offender" means any person who is adjudicated | 22 |
| a juvenile
delinquent as the result of the commission of or | 23 |
| attempt to commit a violation
set
forth in item (B) or , (C) , | 24 |
| or (C-5) of Section 2 of the Juvenile Sex Offender Registration
| 25 |
| Act, or a
violation of any substantially similar federal, | 26 |
| Uniform Code of Military
Justice, sister state, or foreign
|
|
|
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| country law, and whose adjudication occurred on or after the | 2 |
| effective date of
this amendatory Act of the 91st General | 3 |
| Assembly.
| 4 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| 5 |
| (730 ILCS 152/110)
| 6 |
| Sec. 110. Registration. At the time a juvenile sex offender | 7 |
| registers
under
Section 3 of the Juvenile Sex Offender | 8 |
| Registration Act or reports a change of
address or employment | 9 |
| under Section 6 of that Act, the juvenile offender shall
notify | 10 |
| the law
enforcement agency having jurisdiction with
whom the | 11 |
| juvenile offender registers or reports a change of address or | 12 |
| employment
that the juvenile offender is
a juvenile sex | 13 |
| offender.
| 14 |
| (Source: P.A. 90-193, eff. 7-24-97; 91-394, eff. 1-1-00.)
| 15 |
| (730 ILCS 152/115)
| 16 |
| Sec. 115. Sex offender database.
| 17 |
| (a) The Department of State Police
shall establish and | 18 |
| maintain a Statewide Juvenile Sex Offender Database for
the
| 19 |
| purpose of identifying sex offenders and making that | 20 |
| information
available to the persons specified in Section | 21 |
| Sections 120 and 125 of this Law. The
Database shall be created | 22 |
| from the Law Enforcement Agencies Data System (LEADS)
| 23 |
| established under Section 6 of the Intergovernmental Missing | 24 |
| Child Recovery Act
of 1984. The Department of State Police |
|
|
|
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| shall examine its LEADS database for
persons registered as | 2 |
| juvenile sex offenders under the Juvenile Sex Offender | 3 |
| Registration Act and
shall identify those who are juvenile sex | 4 |
| offenders and shall add all the
information, including | 5 |
| photographs if available, on those sex offenders to
the | 6 |
| Statewide Sex
Offender
Database.
| 7 |
| (b) The Department of State Police must make the | 8 |
| information contained in
the
Statewide Sex Offender Database | 9 |
| accessible on the Internet by means of a
hyperlink
labeled "Sex | 10 |
| Offender Information" on the Department's World Wide Web home
| 11 |
| page. The Department must make the information contained in the | 12 |
| Statewide Sex Offender Database searchable via a mapping system | 13 |
| which identifies registered sex offenders living within 5 miles | 14 |
| of an identified address. The Department of State Police must | 15 |
| update that information as it deems
necessary.
| 16 |
| The Department of State Police may require that a person | 17 |
| who seeks access to
the sex
offender information submit | 18 |
| biographical information about himself or
herself before
| 19 |
| permitting access to the sex offender information. The | 20 |
| Department of State Police must promulgate rules
in accordance | 21 |
| with the Illinois Administrative Procedure
Act to implement | 22 |
| this
subsection
(b)
and those rules must include procedures to | 23 |
| ensure that the information in the
database is accurate.
| 24 |
| (b) (c ) The Department of State Police, Sex Offender | 25 |
| Registration Unit, must develop and conduct training to educate | 26 |
| all those entities involved in the Juvenile Sex Offender |
|
|
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| Registration Program.
| 2 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
| 3 |
| (730 ILCS 152/116) | 4 |
| Sec. 116. Missing Sex Offender Database. | 5 |
| (a) The Department of State Police
shall establish and | 6 |
| maintain a Statewide Missing Sex Offender Database for
the
| 7 |
| purpose of identifying missing juvenile sex offenders and | 8 |
| making that information
available to the persons specified in | 9 |
| Section Sections 120 and 125 of this Law. The
Database shall be | 10 |
| created from the Law Enforcement Agencies Data System (LEADS)
| 11 |
| established under Section 6 of the Intergovernmental Missing | 12 |
| Child Recovery Act
of 1984. The Department of State Police | 13 |
| shall examine its LEADS database for
persons registered as | 14 |
| juvenile sex offenders under the Juvenile Sex Offender | 15 |
| Registration Act and
shall identify those who are juvenile sex | 16 |
| offenders and who have not complied with the provisions of | 17 |
| Section 6 of that Act or whose address can not be verified | 18 |
| under Section 8-5 of that Act and shall add all the
| 19 |
| information, including photographs if available, on those | 20 |
| missing juvenile sex offenders to
the Statewide Juvenile Sex
| 21 |
| Offender
Database.
| 22 |
| (b) The Department of State Police must make the | 23 |
| information contained in
the
Statewide Missing Sex Offender | 24 |
| Database accessible on the Internet by means of a
hyperlink
| 25 |
| labeled "Missing Sex Offender Information" on the Department's |
|
|
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| World Wide Web home
page and on the Attorney General's I-SORT | 2 |
| page. The Department of State Police must update that | 3 |
| information as it deems
necessary. The Internet page shall also | 4 |
| include information that rewards are available to persons who | 5 |
| inform the Department of State Police or a local law | 6 |
| enforcement agency of the whereabouts of a missing sex | 7 |
| offender.
| 8 |
| The Department of State Police may require that a person | 9 |
| who seeks access to
the missing sex
offender information submit | 10 |
| biographical information about himself or
herself before
| 11 |
| permitting access to the missing sex offender information. The | 12 |
| Department of State Police must promulgate rules
in accordance | 13 |
| with the Illinois Administrative Procedure
Act to implement | 14 |
| this
subsection
(b)
and those rules must include procedures to | 15 |
| ensure that the information in the
database is accurate. | 16 |
| (b) (c) The Department of State Police, Sex Offender | 17 |
| Registration Unit, must develop and conduct training to educate | 18 |
| all those entities involved in the Missing Sex Offender | 19 |
| Registration Program.
| 20 |
| (Source: P.A. 95-817, eff. 8-14-08.)
| 21 |
| (730 ILCS 152/117)
| 22 |
| Sec. 117.
The Department of State Police shall promulgate | 23 |
| rules to
develop a list of juvenile sex offenders covered by | 24 |
| this Act and a list of
child
care facilities, schools, and | 25 |
| institutions of higher education
eligible to receive notice |
|
|
|
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| under this Act, so
that
the list can be disseminated in a | 2 |
| timely manner to law enforcement agencies
having jurisdiction.
| 3 |
| (Source: P.A. 92-828, eff. 8-22-02.)
| 4 |
| (730 ILCS 152/120)
| 5 |
| Sec. 120. Community notification of juvenile sex | 6 |
| offenders.
| 7 |
| (a) The sheriff of the county, except Cook County, shall | 8 |
| disclose to the
following the name, address, date of birth, | 9 |
| place of employment, school
attended, e-mail addresses, | 10 |
| instant messaging identities, chat room identities, other | 11 |
| Internet communications identities, all Uniform Resource | 12 |
| Locators (URLs) registered or used by the juvenile sex | 13 |
| offender, all blogs and other Internet sites maintained by the | 14 |
| juvenile sex offender or to which the juvenile sex offender has | 15 |
| uploaded any content or posted any messages or information, and | 16 |
| offense
or adjudication of all juvenile sex offenders required | 17 |
| to register under Section 3 of
the Juvenile Sex Offender | 18 |
| Registration Act:
| 19 |
| (1) The boards of institutions of higher education or | 20 |
| other appropriate
administrative offices of each | 21 |
| non-public institution of higher education
located in the | 22 |
| county where the juvenile sex offender is required to | 23 |
| register, resides,
is employed, or is attending an | 24 |
| institution of higher education;
| 25 |
| (2) School boards of public school districts and the |
|
|
|
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| principal or other
appropriate administrative officer of | 2 |
| each nonpublic school located in the
county where the | 3 |
| juvenile sex offender is required to register or is | 4 |
| employed;
| 5 |
| (3) Child care facilities located in the county
where | 6 |
| the juvenile sex offender is required to register or is | 7 |
| employed;
| 8 |
| (4) Libraries located in the
county where the juvenile | 9 |
| sex offender is required to register or is employed;
| 10 |
| (5)
Public libraries located in the
county where the | 11 |
| juvenile sex offender is required to register or is | 12 |
| employed; | 13 |
| (6)
Public housing agencies located in the
county where | 14 |
| the juvenile sex offender is required to register or is | 15 |
| employed; | 16 |
| (7)
The Illinois Department of Children and Family | 17 |
| Services; | 18 |
| (8)
Social service agencies providing services to | 19 |
| minors located in the
county where the juvenile sex | 20 |
| offender is required to register or is employed; | 21 |
| (9)
Volunteer organizations providing services to | 22 |
| minors located in the
county where the juvenile sex | 23 |
| offender is required to register or is employed; and | 24 |
| (10) A victim of a sex offense residing in the county
| 25 |
| where the juvenile sex offender is required to register or | 26 |
| is employed, who is not otherwise required to be notified |
|
|
|
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| under Section 4.5 of the Rights of Crime Victims and | 2 |
| Witnesses Act or Section 75 of the Sexually Violent Persons | 3 |
| Commitment Act. | 4 |
| (a-2) The sheriff of Cook County shall disclose to the | 5 |
| following the name,
address, date of birth, place of | 6 |
| employment, school attended, e-mail addresses, instant | 7 |
| messaging identities, chat room identities, other Internet | 8 |
| communications identities, all Uniform Resource Locators | 9 |
| (URLs) registered or used by the juvenile sex offender, all | 10 |
| blogs and other Internet sites maintained by the juvenile sex | 11 |
| offender or to which the juvenile sex offender has uploaded any | 12 |
| content or posted any messages or information, and offense
or
| 13 |
| adjudication of
all juvenile sex offenders required to register | 14 |
| under Section 3 of the Juvenile Sex Offender
Registration Act:
| 15 |
| (1) School boards of public school districts and the | 16 |
| principal or other
appropriate administrative officer of | 17 |
| each nonpublic school located within the
region of Cook | 18 |
| County, as those public school districts and nonpublic | 19 |
| schools
are identified in LEADS, other than the City of | 20 |
| Chicago, where the juvenile sex offender
is required to | 21 |
| register or is employed;
| 22 |
| (2) Child care facilities located within the region of | 23 |
| Cook
County, as those child care facilities are identified | 24 |
| in LEADS, other than
the City of Chicago, where the | 25 |
| juvenile sex offender is required to register or is
| 26 |
| employed;
|
|
|
|
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| 1 |
| (3) The boards of institutions of higher education or | 2 |
| other appropriate
administrative offices of each | 3 |
| non-public institution of higher education
located in the | 4 |
| county, other than the City of Chicago, where the juvenile | 5 |
| sex offender
is required to register, resides, is employed, | 6 |
| or attending an institution
of
higher
education;
| 7 |
| (4) Libraries located in the
county, other than the | 8 |
| City of Chicago, where the juvenile sex offender
is | 9 |
| required to register, resides, is employed, or is attending | 10 |
| an institution
of
higher
education; | 11 |
| (5)
Public libraries located in the county, other than | 12 |
| the City of Chicago, where the juvenile sex offender
is | 13 |
| required to register, resides, is employed, or attending an | 14 |
| institution
of
higher
education; | 15 |
| (6)
Public housing agencies located in the county, | 16 |
| other than the City of Chicago, where the juvenile sex | 17 |
| offender
is required to register, resides, is employed, or | 18 |
| attending an institution
of
higher
education; | 19 |
| (7)
The Illinois Department of Children and Family | 20 |
| Services; | 21 |
| (8)
Social service agencies providing services to | 22 |
| minors located in the county, other than the City of | 23 |
| Chicago, where the juvenile sex offender
is required to | 24 |
| register, resides, is employed, or attending an | 25 |
| institution
of
higher
education; | 26 |
| (9)
Volunteer organizations providing services to |
|
|
|
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| 1 |
| minors located in the county, other than the City of | 2 |
| Chicago, where the juvenile sex offender
is required to | 3 |
| register, resides, is employed, or attending an | 4 |
| institution
of
higher
education; and | 5 |
| (10) A victim of a sex offense residing in the county, | 6 |
| other than the City of Chicago, where the juvenile sex | 7 |
| offender
is required to register, resides, is employed, or | 8 |
| attends an institution
of
higher
education, who is not | 9 |
| otherwise required to be notified under Section 4.5 of the | 10 |
| Rights of Crime Victims and Witnesses Act or Section 75 of | 11 |
| the Sexually Violent Persons Commitment Act. | 12 |
| (a-3) The Chicago Police Department shall disclose to the | 13 |
| following the
name, address, date of birth, place of | 14 |
| employment, school attended, e-mail addresses, instant | 15 |
| messaging identities, chat room identities, other Internet | 16 |
| communications identities, all Uniform Resource Locators | 17 |
| (URLs) registered or used by the juvenile sex offender, all | 18 |
| blogs and other Internet sites maintained by the juvenile sex | 19 |
| offender or to which the juvenile sex offender has uploaded any | 20 |
| content or posted any messages or information, and
offense
or | 21 |
| adjudication
of all juvenile sex offenders required to register | 22 |
| under Section 3 of the Sex Offender
Registration Act:
| 23 |
| (1) School boards of public school districts and the | 24 |
| principal or other
appropriate administrative officer of | 25 |
| each nonpublic school located in the
police district where | 26 |
| the juvenile sex offender is required to register or is
|
|
|
|
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| employed if the juvenile sex offender is required to | 2 |
| register or is employed in the
City of Chicago;
| 3 |
| (2) Child care facilities located in the police | 4 |
| district where the juvenile
sex offender is required to | 5 |
| register or is employed if the offender is
required to | 6 |
| register or is employed in the City of Chicago;
| 7 |
| (3) The boards of institutions of higher education or | 8 |
| other appropriate
administrative offices of each | 9 |
| non-public institution of higher education
located in the | 10 |
| police district where the juvenile sex offender is required | 11 |
| to register,
resides, is employed, or attending an | 12 |
| institution of higher education in the
City of
Chicago;
| 13 |
| (4) Libraries located in the
police district where the | 14 |
| juvenile sex offender is required to register or is
| 15 |
| employed if the juvenile sex offender is required to | 16 |
| register or is employed in the
City of Chicago; | 17 |
| (5)
Public libraries located in the police district | 18 |
| where the juvenile sex offender is required to register,
| 19 |
| resides, is employed, or attending an institution of higher | 20 |
| education in the
City of
Chicago; | 21 |
| (6)
Public housing agencies located in the police | 22 |
| district where the juvenile sex offender is required to | 23 |
| register,
resides, is employed, or attending an | 24 |
| institution of higher education in the
City of
Chicago; | 25 |
| (7)
The Illinois Department of Children and Family | 26 |
| Services; |
|
|
|
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| 1 |
| (8)
Social service agencies providing services to | 2 |
| minors located in the police district where the juvenile | 3 |
| sex offender is required to register,
resides, is employed, | 4 |
| or attending an institution of higher education in the
City | 5 |
| of
Chicago; | 6 |
| (9)
Volunteer organizations providing services to | 7 |
| minors located in the police district where the juvenile | 8 |
| sex offender is required to register,
resides, is employed, | 9 |
| or attending an institution of higher education in the
City | 10 |
| of
Chicago; and | 11 |
| (10) A victim of a sex offense residing in the police | 12 |
| district where the juvenile sex offender is required to | 13 |
| register,
resides, is employed, or attends an institution | 14 |
| of higher education in the
City of
Chicago, who is not | 15 |
| otherwise required to be notified under Section 4.5 of the | 16 |
| Rights of Crime Victims and Witnesses Act or Section 75 of | 17 |
| the Sexually Violent Persons Commitment Act. | 18 |
| (a-4) The Department of State Police shall provide a list | 19 |
| of juvenile sex offenders
required to register to the Illinois | 20 |
| Department of Children and Family
Services.
| 21 |
| (b) The Department of State Police and any law enforcement | 22 |
| agency may
disclose, in the Department's or agency's | 23 |
| discretion, the following information
to any person likely to | 24 |
| encounter a juvenile sex offender, or sexual predator:
| 25 |
| (1) The juvenile sex offender's name, address, date of | 26 |
| birth, e-mail addresses, instant messaging identities, |
|
|
|
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| chat room identities, and other Internet communications | 2 |
| identities, all Uniform Resource Locators (URLs) | 3 |
| registered or used by the juvenile sex offender, and all | 4 |
| blogs and other Internet sites maintained by the juvenile | 5 |
| sex offender or to which the juvenile sex offender has | 6 |
| uploaded any content or posted any messages or information.
| 7 |
| (2) The offense for which the juvenile sex offender was | 8 |
| adjudicated convicted .
| 9 |
| (3) Adjudication as a sexually dangerous person.
| 10 |
| (4) The offender's photograph or other such | 11 |
| information that will help
identify the juvenile sex | 12 |
| offender.
| 13 |
| (5) Juvenile sex offender Offender employment | 14 |
| information, to protect public safety.
| 15 |
| (c) The name, address, date of birth, e-mail addresses, | 16 |
| instant messaging identities, chat room identities, other | 17 |
| Internet communications identities, all Uniform Resource | 18 |
| Locators (URLs) registered or used by the sex offender, all | 19 |
| blogs and other Internet sites maintained by the sex offender | 20 |
| or to which the sex offender has uploaded any content or posted | 21 |
| any messages or information, offense or adjudication, the | 22 |
| county of conviction, license plate numbers for every vehicle | 23 |
| registered in the name of the sex offender, the age of the sex | 24 |
| offender at the time of the commission of the offense, the age | 25 |
| of the victim at the time of the commission of the offense, and | 26 |
| any distinguishing marks located on the body of the sex |
|
|
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| offender for sex
offenders required to register under Section 3 | 2 |
| of the Sex Offender Registration
Act shall be open to | 3 |
| inspection by the public as provided in this Section.
Every | 4 |
| municipal police department shall make available at its | 5 |
| headquarters
the information on all sex offenders who are | 6 |
| required to register in the
municipality under the Sex Offender | 7 |
| Registration Act. The sheriff shall
also make available at his | 8 |
| or her headquarters the information on all sex
offenders who | 9 |
| are required to register under that Act and who live in
| 10 |
| unincorporated areas of the county. Sex offender information | 11 |
| must be made
available for public inspection to any person, no | 12 |
| later than 72 hours or 3
business days from the date of the | 13 |
| request.
The request must be made in person, in writing, or by | 14 |
| telephone.
Availability must include giving the inquirer | 15 |
| access to a
facility where the information may be copied. A | 16 |
| department or sheriff
may charge a fee, but the fee may not | 17 |
| exceed the actual costs of
copying the information. An inquirer | 18 |
| must be allowed to copy this information
in his or her own | 19 |
| handwriting. A department or sheriff must allow access to
the | 20 |
| information during normal public working hours.
The sheriff or | 21 |
| a municipal police department may publish the
photographs of | 22 |
| sex offenders where any victim was 13 years of age or younger
| 23 |
| and who are required to register in the municipality or county | 24 |
| under the Sex
Offender Registration Act in a newspaper or | 25 |
| magazine of general circulation in
the municipality or county | 26 |
| or may disseminate the photographs of those sex
offenders on |
|
|
|
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| 1 |
| the Internet or on television. The law enforcement agency may
| 2 |
| make available the information on all sex offenders residing | 3 |
| within any county.
| 4 |
| (d) The Department of State Police and any law enforcement | 5 |
| agency having
jurisdiction may, in the Department's or agency's | 6 |
| discretion, place the
information specified in subsection (b) | 7 |
| on the Internet or in
other media.
| 8 |
| (e) (Blank).
| 9 |
| (f) The administrator of a transitional housing facility | 10 |
| for juvenile sex offenders shall comply with the notification | 11 |
| procedures established in paragraph (4) of subsection (b) of | 12 |
| Section 3-17-5 of the Unified Code of Corrections. | 13 |
| (g) A principal or teacher of a public or private | 14 |
| elementary or secondary school shall notify the parents of | 15 |
| children attending the school during school registration or | 16 |
| during parent-teacher conferences that information about | 17 |
| juvenile sex offenders is available to the public as provided | 18 |
| in this Act.
| 19 |
| (h) In order to receive notice under paragraph (10) of | 20 |
| subsection (a), paragraph (10) of subsection (a-2), or | 21 |
| paragraph (10) of subsection (a-3), the victim of the juvenile | 22 |
| sex offense must notify the appropriate sheriff or the Chicago | 23 |
| Police Department in writing, by facsimile transmission, or by | 24 |
| e-mail that the victim desires to receive such notice. | 25 |
| (i) For purposes of this Section, "victim of a sex offense" | 26 |
| means: |
|
|
|
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| 1 |
| (1) the victim of the sex offense; or | 2 |
| (2) a single
representative who
may be the spouse, | 3 |
| parent, child, or sibling of a person killed during the | 4 |
| course of a sex offense perpetrated against the person | 5 |
| killed or the spouse, parent,
child, or sibling of any | 6 |
| victim of a sex offense who is physically
or mentally | 7 |
| incapable of comprehending or requesting notice. | 8 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 9 |
| 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | 10 |
| 8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896, | 11 |
| eff. 1-1-09.)
| 12 |
| (730 ILCS 152/122) | 13 |
| Sec. 122. Special alerts. A law enforcement agency having | 14 |
| jurisdiction
may provide to the public a special alert list | 15 |
| warning parents to be aware that
sex offenders may attempt to | 16 |
| contact children during holidays involving
children, such as | 17 |
| Halloween, Christmas, and Easter and to inform parents that
| 18 |
| information containing the names and addresses of registered | 19 |
| sex offenders
are accessible on the Internet by means of a | 20 |
| hyperlink labeled "Sex Offender
Information" on the Department | 21 |
| of State Police's World Wide Web home
page and are available | 22 |
| for public inspection at the agency's headquarters .
| 23 |
| (Source: P.A. 94-159, eff. 7-11-05; 95-331, eff. 8-21-07.)".
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