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Offender Registration In Illinois

Offender Registration In Illinois. Tracie Newton Illinois State Police Sex Offender Registration Unit. 2019. Illinois Sex Offender Registration Act 730 ILCS 150/. All offenses contained in 730 ILCS 150/2. 11-6 indecent solicitation of a child 11-9.1 sexual exploitation of a child

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Offender Registration In Illinois

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  1. Offender Registration In Illinois Tracie Newton Illinois State Police Sex Offender Registration Unit 2019

  2. Illinois Sex Offender Registration Act730 ILCS 150/

  3. All offenses contained in 730 ILCS 150/2 11-6 indecent solicitation of a child 11-9.1 sexual exploitation of a child 11-17.1 keeping a place of juvenile prostitution 11-18.1 patronizing a juvenile prostitute 11-1.50 criminal sexual abuse 10-1 kidnapping 10-2 aggravated kidnapping 10-3 unlawful restraint 10-3.1 aggravated unlawful restraint 10-4 forcible detention 10-5 (b)(10) child abduction 11-6.5 indecent solicitation of an adult 11-9.2 custodial sexual misconduct 11-9 public indecency, 3rd or more conviction 11-9.5 sexual misconduct w/p with disability 11-11 sexual relations within families 11-14.3 (a)(2)(a) promoting prostitution 11-14.3 (a)(2)(b) promoting prostitution 11-14.4 promoting juvenile prostitution 11-14.4(a)(2) & (a)(3) juvenile pimping 11-20.1 child pornography 11-20.1 (B) aggravated child pornography 11-1.20 criminal sexual assault 11-1.30 aggravated criminal sexual assault 11-1.40 predatory criminal sexual assault 11-1.60 aggravated criminal sexual abuse 11-25 grooming 11-26 traveling to meet a minor 12-33 ritualized abuse of a child 5.1 permitting sexual abuse of a child 11-15.1 soliciting for a juvenile prostitute 11-19.2 exploitation of a child 11-19.1 juvenile pimping 9-1 first degree murder 11-18 (a)(2)(C) patronizing a prostitute under age 18

  4. Offenses requiring 10 year as of today’s date 720 ILCS 5/ 11-6 indecent solicitation of a child 11-6.5 indecent solicitation of an adult 11-9.1 sexual exploitation of a child 11-9.2 custodial sexual misconduct 11-18.1 patronizing a juvenile prostitute 11-25 grooming 11-26 traveling to meet a minor 11-11 sexual relations within families 11-1.50 criminal sexual abuse 10-4 forcible detention 11-15.1 soliciting for a prostitute victim under 18 11-14.3(a)(2)(A) soliciting a prostitute, victim under 18 11-14.3(a)(2)(B) soliciting a prostitute, victim under 18 11-18(a)(2)(c) patronizing a prostitute, victim under 18 11-9 public indecency, 3rd or more conviction 5.1 of the Wrongs to Children Act (permitting sexual abuse)

  5. Offenses requiring lifetime sex offender registration as a sexual predator When the conviction is after 7-1-1999: 11-14.4 involves keeping a place of juvenile prostitution 11-14.4(a)(2) & (a)(3) juvenile pimping 11-14.4(a)(4) exploitation of a child 11-20.1 child pornography 11-20.1 (B) aggravated child pornography 11-1.20 criminal sexual assault 11-1.30 aggravated criminal sexual assault 11-1.40 predatory criminal sexual assault 11-1.60 aggravated criminal sexual abuse 12-33 ritualized abuse of a child A second or more conviction/adjudication requiring registration after 7-1-1999.

  6. Offenses requiring lifetime sex offender registration as a sexual predator When the conviction is on or after 1-1-2011: 10-1 kidnapping 10-2 aggravated kidnapping 10-3 unlawful restraint 10-3.1 aggravated unlawful restraint 11-9.5 sexual misconduct with a person with a disability 10-5 (b)(10) child abduction When the conviction is on or after 1-1-2013: 10-5.1 luring of a minor

  7. Offenses requiring lifetime sex offender registration 720 ILCS 5/ 9-1 first degree murder • convicted of 9-1 • Victim age 17 or under and the defendant is age 17 or over • convicted or adjudicated of 9-1 • victim age 18 or over and the offense is sexually motivated (effective 1-1-2012) - This only applies to those individuals released from incarceration on or after 1-1-2002.

  8. SORNA or the Adam Walsh Child Protection Act

  9. Retroactive sex offender registration effective 1-1-2012 Public Act 97-0578 signed 8-28-11 This PA removes the effective date of 7-1-1999 for the sexual predator classification.

  10. Retroactive sex offender registration effective 1-1-2012 • This Public Act added language to the Sexual Predator definition regarding being convicted of any new felony offense after July 1, 2011. • This means that an individual currently registering for a conviction prior to 7-1-99 which is now a sexual predator offense, will be required to register for life as of 1-1-12 if the person is convicted of any felony after 7-1-2011.

  11. Offenses requiring lifetime sex offender registration as a sexual predator • As of January 1, 2012, retroactive lifetime registration for these offenses if the person is convicted of any felony after 7-1-2011: 11-14(a)(1) keeping a place of juvenile prostitution 11-14.4(a)(2) & (a)(3) juvenile pimping 11-14.4(a)(4) exploitation of a child 11-20.1 child pornography 11-20.1 (B) aggravated child pornography 11-1.20 criminal sexual assault 11-1.30 aggravated criminal sexual assault 11-1.40 predatory criminal sexual assault 11-1.60 aggravated criminal sexual abuse 12-33 ritualized abuse of a child 10-1 kidnapping 10-2 aggravated kidnapping 10-3 unlawful restraint 10-3.1 aggravated unlawful restraint 10-5(b)(10) child abduction 10-5.1 luring of a child A second or more conviction/adjudication requiring registration.

  12. Retroactive sex offender registration effective 1-1-2012 As of 1-1-12, a person who previously was required to register for a period of 10 years and successfully completed that registration period has a duty to register if: • the person has been convicted of a felony offense after 7-1-11 and • the offense for which the 10-year registration was served currently requires a registration period of more than 10 years.

  13. Retroactive sex offender registration effective 1-1-2012 As of 1-1-12, a person who currently is required to register for a period of 10 years has a duty to register for natural life if: the person has been convicted of a felony offense after 7-1-11 and the offense for which the 10-year registration was served currently requires a registration period of natural life.

  14. Retroactive sex offender registration effective 1-1-2012 As of 1-1-12, a sex offender or sexual predator who has never previously had a duty to register under the SORA, has a duty to register if the person has been convicted of any felony offense after 7-1-2011.

  15. If the sex offense, today still only requires registration for a period of 10 years. The person does not become a lifetime registrant with a new felony conviction. If a person never previously had a duty to register due to the date of the sex offense conviction, a felony conviction after July 1, 2011 will put the person into the registry for the very first time for a period of 10 years. • Retroactive sex offender registration effective 1-1-2012

  16. Retroactive sex offender registration effective 1-1-2012 As of 1-1-12, sexual predator also means a person required to register in another state due to a conviction, adjudication or other action of any court triggering an obligation to register as a sex offender. A sex offender who moves to Illinois on or after 1-1-12, it automatically a lifetime registrant as a sexual predator.

  17. Sex Offender Registration requirements for those adjudicated as a juvenile delinquent sex offender

  18. A juvenile delinquent is a person prosecuted in a JD (juvenile delinquent) case. In LEADS, their CSO will be a “J”. • Those individuals adjudicated as a juvenile delinquent sex offender on or after July 1, 1999 must adhere to all registration requirements contained in the Sex Offender Registration Act. • A juvenile registers for the same duration as a person convicted of the same offense.

  19. The new felony conviction retroactive registration does NOT apply to a person adjudicated as a juvenile delinquent sex offender. • A new felony conviction will not make a juvenile delinquent a lifetime registrant nor will it place a juvenile delinquent on the public website. • A juvenile delinquent sex offender will ONLY go on the public website if the person is convicted of a new registerable offense as an adult.

  20. There are two major differences in regards to registration for a juvenile delinquent sex offender and those convicted as an adult. 1 - a juvenile delinquent sex offender NEVER goes on the public website for their adjudication 2 - a juvenile delinquent sex offender has the ability to petition the court to terminate his/her registration.

  21. Termination of Registration for Juveniles Effective 10-11-07 • An adjudicated juvenile delinquent sex offender may petition the court to terminate his/her duty to register after: • 5 years, if the offense, if charged as an adult, would be a felony offense • 2 years, if the offense, if charged as an adult, would be a misdemeanor offense • This act applies retroactively to adjudicated juveniles who registered or were required to register before October 11, 2007.

  22. Juvenile Petitioning Process • The court must hold a hearing on the petition and may terminate the juvenile’s registration requirement if it finds by a preponderance of the evidence that the juvenile poses no risk to the community. The court is to consider the following factors when making the decision: • A risk assessment performed by a SOMB approved evaluator • The sex offender history of the juvenile • Evidence of the juvenile’s rehabilitation • The age of the juvenile at the time of the offense • Information related to the juvenile’s mental, physical, educational, and social history • Victim impact statements • And any other factors as deemed relevant by the court

  23. Juvenile Petitioning Process Upon the court granting the order to terminate registration for a juvenile, the Illinois State Police will remove the individual from the registry once the order is received by ISP. The individual no longer has a duty to register at that point. ISP will send the individual a letter informing he/she of their removal from the registry.

  24. Notification of Juvenile Registrants 730 ILCS 152/121 Notification Regarding Juvenile Offenders The local law enforcement agency having jurisdiction to register the juvenile sex offender shall ascertain from the juvenile whether the juvenile sex offender is enrolled in school; and if so, shall provide a copy of the sex offender registration form ONLY to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept separately from any and all school records maintained on behalf of the juvenile sex offender.

  25. Sex OffenderRegistrationRequirements

  26. Sex Offender Registration Basic Information • Required to register in person within 3 days of sentencing or release from IDOC with the local law enforcement agency • Required to provide documentation proving address at time of registration • Required to register within 3 days of any change of address/employment/school/phone number. A complete registration form needs to be completed and entered into LEADS. Their activity date must be changed in LEADS and thus, their next registration date will change. • At each registration, the registering agency needs to run the registrant’s criminal history. If SID or FBI # is missing, please add.

  27. Sex Offender Registration Basic Information • Sexual Predators = lifetime registration • Homeless sex offenders = weekly registration • Sexually dangerous/sexually violent = every 90 day registration for life • Convicted of a violation of the SORA after 7-1-2005 = 90 day registration

  28. Sex Offender Registration Violation Basic Information • A violation of the SORA is a Class 3 felony. • Any individual convicted of a violation of the SORA on or after July 1, 2005 must register every 90 days for the duration of his/her registration. • Any violation of the SORA will administratively extend the individual’s registration for 10 years.

  29. Sex Offender Registration Basic Information - Employment All employment data is to be registered with the local law enforcement agency having jurisdiction where the registrant resides. **This agency will enter all employment data into LEADS and remove all employment data no longer valid for the registrant. The ONLY time a registrant is required to register employment with another law enforcement agency is when the registrant is enrolled or employed at an institution of higher education.

  30. Institution of Higher Education Facilities • If a sex offender is employed or enrolled at an institution of higher education, the sex offender could possibly register at 3 different police departments within 3 days of becoming enrolled or employed: • 1- the jurisdiction where the offender resides (registration form is completed & data entered into LEADS) • 2- the jurisdiction where the institution of higher education is located if it is different from where the offender resides (higher education registration form is completed) • 3- effective 1-1-12, the public safety or security director of the institution of higher education (higher education registration form is completed)

  31. Sex Offender Registration Basic Information Those individuals convicted of their sex offense on or after 1-1-2007 will have their driver’s license/state ID cancelled on an annual basis for the duration of their registration by SOS.

  32. Sex Offender Registration Basic Information Reconfinement in prison on or after June 1, 2008 will toll the individual’s registration period for those individuals who are 10 year registrants. Meaning, sex offenders do not receive “credit” for registering while in IDOC after June 1, 2008. Their registration clock stops while they are incarcerated and then starts back up upon release.

  33. Sex Offender Registration Basic Information • Effective 1-1-2011, the initial and annual sex offender registration fee increased to $100 as of January 1, 2011. • The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee. • If an agency refuses to waive the fee and also refuses to register the individual without the fee, the individual will become non-compliant. • It is suggested to document this payment in LEADS as an Add-on with the date, amount paid and the agency who collected the fee.

  34. Sex Offender Registration Basic Information – Out of State Moves If a sex offender moves to another state – their LEADS record must be updated to reflect this information. Status: change to an “OM” for out of state move Address: enter all data fields for the new address Add-on: complete an add-on with all pertinent information * LEADS is ONLY an Illinois system. Do NOT put the record in “move status”. Other states CANNOT pick up the LEADS record. If a LEADS record is in an “OM” status and the registrant returns to IL, the registering agency must call ISP at 217-785-0653 to have the record modified from an “OM” status.

  35. Sex Offender Registration Basic Information – Out of State Convictions If a registrant moves to Illinois with either a federal or out of state conviction, the registering law enforcement agency will need to call the Illinois State Police at 217-785-0653 to receive the citation code to enter the offense into LEADS.

  36. Sex Offender Registration Basic Information – Residing with Minors • A child sex offender shall report to the registering law enforcement agency whether he/she is living in a household with a child under 18 years of age who is not his/her own child, provided that his/her own child is not the victim of the sex offense. • Within 3 days after beginning to reside in a household with a child under 18 years of age who is not his or her own child, the child sex offender must report that information to the registering law enforcement agency.

  37. Sex Offender Registration Basic Information • A sex offender who is temporarily absent from his/her current address for 3 or more days shall notify the law enforcement agency having jurisdiction of his/her itinerary for travel.

  38. Sex Offender Registration Basic Information • Public Act 97-383 requires all sex offenders who have a duty to register in Illinois to submit a DNA specimen regardless of when he/she was convicted or regardless of where the person was convicted. • https://fscwebsa.isp.state.il.us/DnaWeb/ ISP DNA Lab can be reached at 217-786-6160

  39. Residency & Loitering Restrictions for Child Sex OffendersAll residency and loitering restrictions are contained in 720 ILCS 5/11-9.3.

  40. Child Sex Offender Offenses 720 ILCS 5/11-9.3 A child sex offender is defined as someone who is convicted of one of the following offenses and the victim is under the age of 18: 11-6 indecent solicitation of a child 11-9.1 sexual exploitation of a child 11-14.3(a)(1) soliciting for a juvenile prostitute 11-18.1 patronizing a juvenile prostitute 11-1.50 criminal sexual abuse 10-1 kidnapping 10-2 aggravated kidnapping 10-3 unlawful restraint 10-3.1 aggravated unlawful restraint 10-4 forcible detention 10-5 (b)(10) child abduction 11-6 indecent solicitation of a child 11-6.5 indecent solicitation of an adult 11-9.2 custodial sexual misconduct 11-9.5 sexual misconduct w/p with disability 11-11 sexual relations within families 11-14.3(a)(1) promoting prostitution 11-9 public indecency, on school property 11-14.3 (a)(2)(a) promoting prostitution 11-14.3 (a)(2)(c) promoting prostitution 11-14.4(a)(4) exploitation of a child 11-14.4(a)(2) & (a)(3) juvenile pimping 11-20.1 child pornography 11-20.1 (B) aggravated child pornography 11-1.20 criminal sexual assault 11-1.30 aggravated criminal sexual assault 11-1.40 predatory criminal sexual assault 11-1.60 aggravated criminal sexual abuse 11-25 grooming 11-26 traveling to meet a minor 12-33 ritualized abuse of a child 11-9.1(a) permitting sexual abuse of a child 11-14(a)(1) keeping a place of juvenile prostitution

  41. Child Sex Offender Offenses Although a person may be registering under the VOAY registry, if the person is convicted of an offense under the definition of a child sex offender contained in 720 ILCS 5/11-9.3 or 9.4-1, the individual must abide by all restriction requirements for a child sex offender. These VOAY offenses include: 10-1 kidnapping 10-2 aggravated kidnapping 10-3 unlawful restraint 10-3.1 aggravated unlawful restraint 10-4 forcible detention 10-5 (b)(10) child abduction

  42. Residency and loitering restrictions do not apply to adjudicated juvenile delinquent sex offenders no matter the age of the individual at this time. According to the definition of a child sex offender under 9.3, a person is “convicted” of one of the following offenses. The term adjudicated is not used in this definition for a child sex offender.

  43. Residency and loitering restrictions remain with all child sex offenders even after the individual has completed his/her registration requirements. Since the individual still has the conviction on his/her criminal history, the individual is still considered a child sex offender but does not have registration requirements.

  44. 720 ILCS 5/11-9.3 – residency restrictions • A child sex offender cannot reside within 500 feet of a school or property comprising a school where any persons under the age of 18 attend, unless the sex offender owned the house/property prior to 7-7-2000. • According to 5/11-9.3 (c)(2.5)(ii) …those individuals convicted of 11-1.50 (b) & (c) - criminal sexual abuse - are excluded from the residency restrictions . • The 500 foot distance shall be measured from edge of property to edge of property.

  45. 720 ILCS 5/11-9.3 – residency restrictions • Child sex offenders cannot knowingly reside within 500 feet of a playground, child care institution, day care center, part time child care facility, or a facility providing programs and services exclusively directed toward persons under 18 years of age. • For a playground or an exclusive facility, if the CSO owned the property and it was purchased prior to 7-1-00, they may reside there. • For child care institutions, day care centers, and part time day care centers, if a CSO owned the property and it was purchased prior to 6-26-06, they may reside there.

  46. 720 ILCS 5/11-9.3 – residency restrictions • Day care home and group day care home have been added to the residency restrictions … unless the property was owned by the sex offender prior to 8-14-08. • "Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household. • "Group day care home" means a family home which receives more than 3 up to a maximum of 16 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12.

  47. 720 ILCS 5/11-9.3 – residency restrictions Child sex offenders cannot knowingly reside within 500 feet of the victim of the sex offense if the victim is under the age of 21, unless the sex offender owned the property and it was purchased prior to 8-22-02.

  48. 720 ILCS 5/11-9.3 (schools) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present.

  49. 720 ILCS 5/11-9.3 (schools) The exception to this is if the child sex offender is a parent or guardian and is… • Attending a conference with school personnel to discuss the progress of his/her child academically or socially • Participating in child review conferences in which evaluation and placement decisions may be made with respect to the child and special education services or • Attending conferences to discuss other student issues concerning the child’s retention or promotion *The child sex offender must still notify the principal of the school of his/her presence at the school

  50. 720 ILCS 5/11-9.3 (schools) • Or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. • In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. • If the sex offender has been granted permission to be on school property: the sex offender is responsible for notifying the principal’s office when he/she arrives on school property and when he/she departs. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.

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