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Offender Registration In Illinois

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Presentation on theme: "Offender Registration In Illinois"— Presentation transcript:

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

2 Illinois Sex Offender Registration Act 730 ILCS 150/

3 All offenses contained in 730 ILCS 150/2
11-6 indecent solicitation of a child sexual exploitation of a child keeping a place of juvenile prostitution patronizing a juvenile prostitute criminal sexual abuse kidnapping 10-2 aggravated kidnapping unlawful restraint aggravated unlawful restraint forcible detention 10-5 (b)(10) child abduction indecent solicitation of an adult custodial sexual misconduct public indecency, 3rd or more conviction sexual misconduct w/p with disability sexual relations within families (a)(2)(a) promoting prostitution (a)(2)(b) promoting prostitution promoting juvenile prostitution (a)(2) & (a)(3) juvenile pimping child pornography (B) aggravated child pornography criminal sexual assault aggravated criminal sexual assault predatory criminal sexual assault aggravated criminal sexual abuse 11-25 grooming traveling to meet a minor 12-33 ritualized abuse of a child permitting sexual abuse of a child soliciting for a juvenile prostitute exploitation of a child juvenile pimping 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 indecent solicitation of an adult sexual exploitation of a child custodial sexual misconduct patronizing a juvenile prostitute grooming 11-26 traveling to meet a minor sexual relations within families criminal sexual abuse forcible detention soliciting for a prostitute victim under 18 (a)(2)(A) soliciting a prostitute, victim under 18 (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 : involves keeping a place of juvenile prostitution (a)(2) & (a)(3) juvenile pimping (a)(4) exploitation of a child child pornography (B) aggravated child pornography criminal sexual assault aggravated criminal sexual assault predatory criminal sexual assault aggravated criminal sexual abuse ritualized abuse of a child A second or more conviction/adjudication requiring registration after

6 Offenses requiring lifetime sex offender registration as a sexual predator
When the conviction is on or after : kidnapping aggravated kidnapping unlawful restraint aggravated unlawful restraint sexual misconduct with a person with a disability 10-5 (b)(10) child abduction When the conviction is on or after : 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 ) - This only applies to those individuals released from incarceration on or after

8 SORNA or the Adam Walsh Child Protection Act

9 Retroactive sex offender registration effective 1-1-2012
Public Act signed This PA removes the effective date of 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 which is now a sexual predator offense, will be required to register for life as of if the person is convicted of any felony after

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 : 11-14(a)(1) keeping a place of juvenile prostitution (a)(2) & (a)(3) juvenile pimping (a)(4) exploitation of a child child pornography (B) aggravated child pornography criminal sexual assault aggravated criminal sexual assault predatory criminal sexual assault aggravated criminal sexual abuse ritualized abuse of a child kidnapping aggravated kidnapping 10-3 unlawful restraint aggravated unlawful restraint 10-5(b)(10) child abduction luring of a child A second or more conviction/adjudication requiring registration.

12 Retroactive sex offender registration effective 1-1-2012
As of , 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 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 , 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 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 , 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

15 Retroactive sex offender registration effective 1-1-2012
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.

16 Retroactive sex offender registration effective 1-1-2012
As of , 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 , 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 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 Offender Registration Requirements

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 = 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 , 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 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, Their registration clock stops while they are incarcerated and then starts back up upon release.

33 Sex Offender Registration Basic Information
Effective , 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 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 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 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. ISP DNA Lab can be reached at

39 Residency & Loitering Restrictions for Child Sex Offenders All residency and loitering restrictions are contained in 720 ILCS 5/

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 sexual exploitation of a child (a)(1) soliciting for a juvenile prostitute patronizing a juvenile prostitute criminal sexual abuse kidnapping 10-2 aggravated kidnapping unlawful restraint aggravated unlawful restraint forcible detention 10-5 (b)(10) child abduction indecent solicitation of a child indecent solicitation of an adult custodial sexual misconduct sexual misconduct w/p with disability sexual relations within families (a)(1) promoting prostitution public indecency, on school property (a)(2)(a) promoting prostitution (a)(2)(c) promoting prostitution (a)(4) exploitation of a child (a)(2) & (a)(3) juvenile pimping child pornography (B) aggravated child pornography criminal sexual assault aggravated criminal sexual assault predatory criminal sexual assault aggravated criminal sexual abuse 11-25 grooming traveling to meet a minor 12-33 ritualized abuse of a child (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/ or 9.4-1, the individual must abide by all restriction requirements for a child sex offender. These VOAY offenses include: 10-1 kidnapping aggravated kidnapping 10-3 unlawful restraint aggravated unlawful restraint 10-4 forcible detention (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 According to 5/ (c)(2.5)(ii) …those individuals convicted of (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 , 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 , 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 "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

48 720 ILCS 5/ (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/ (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/ (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.

51 720 ILCS 5/ (schools) (a-5) Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. (b) A child sex offender cannot knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present…unless for the reasons described before.

52 720 ILCS 5/ (parks) Child sex offenders cannot knowingly be present in any public park building or on real property comprising a park when persons under the age of 18 are present and approach, contact, or communicate with a child unless the offender is the parent or guardian of a person under the age of 18 present in the building or on the grounds. Child sex offenders cannot knowingly loiter on a public way within 500 feet of a public park building or property comprising any public park while persons under the age of 18 are present and approach, contact, or communicate with a child unless the offender is the parent or guardian of a person under the age of 18 present in the building or on the grounds . "Public park" includes a park, forest preserve, bikeway, trail or conservation area under the jurisdiction of the State or a unit of local government. Any person who violates this section is guilty of a Class 4 felony.

53 720 ILCS 5/11-9.4-1 Presence in Parks effective 1-1-2011
Both child sex offenders and sexual predators (age of the victim does not matter) are prohibited from being present or loitering in or near a public park. Public park includes a park, forest preserve, bikeway, trail or conservation area under the jurisdiction of the State or a unit of local government

54 720 ILCS 5/11-9.4-1 Presence in Parks
It is unlawful for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park. It is unlawful for a sexual predator or a child sex offender to knowingly loiter on a public way comprising any public park. Any person who violates this section is guilty of a Class A misdemeanor. Those convicted of criminal sexual abuse subsection (b) and (c) are excluded from this restriction. 720 ILCS 5/ (b) and (c)

55 Effective January 1, 2013 Bikeway and trail are added to the definition of a public park in both 9.3 and “Public Park” includes a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.

56 Effective January 1, 2013 720 ILCS 5/ is amended … it is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy on Halloween. * exception: those convicted of (c) or those child sex offenders who are a parent/guardian of children under 18 that are present in the home and other non-familial minors are not present.

57 Effective January 1, 2014 720 ILCS 5/ (a-10) is amended … it is unlawful for a child sex offender to knowingly be present in any public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.

58 720 ILCS 5/11-9.3 It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: facility providing programs or services exclusively directed towards persons under the age of 18; day care center; part day child care facility; child care institution, or school providing before and after school programs for children under 18 years of age.

59 720 ILCS 5/11-9.3 It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any county fair when persons under the age of 18 are present.

60 720 ILCS 5/ Effective 8/4/09 Provides that it is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: - a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; - an authorized emergency vehicle; or - a rescue vehicle.

61 720 ILCS 5/ Effective It is a Class 4 felony for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.

62 720 ILCS 5/ Effective This Act makes it unlawful for any child sex offender who owns and resides at a residential real estate unit to knowingly rent any residential unit within the same building in which he or she resides to a person who is a parent/guardian to an individual under the age of 18. This only applies to leases or other rental agreements entered into after

63 Miscellaneous

64 Social Media Restrictions Effective 1-1-2010
This is only a condition of parole and probation. 730 ILCS 5/5-6-3 and/or 730 ILCS 5/3-3-7 If convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after , a sex offender must refrain from accessing or using a social networking website. This only applies while the person is on parole/probation/conditional discharge/MSR.

65 One per Residence Restriction Effective 1-1-2010
This is only a condition of parole and probation. 730 ILCS 5/5-6-3 and/or 730 ILCS 5/3-3-7 If convicted of a sex offense as defined in the Sex Offender Registration Act refrain from residing at the same address with another convicted sex offender. This only applies while the person is on parole/probation/conditional discharge/MSR.

66 720 ILCS 5/12-21.6-5 (b) Effective 1-1-2011
It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor. Exemptions include: if the child sex offender is the parent of the minor; a person convicted of 5/ (c) / sexual abuse; or a child sex offender who is married to and living in the same household with the parent or guardian of the minor.

67 Effective Amends the Election Code. Provides that when a qualified elector's precinct polling place is a school and the elector will be unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot. Requires that an election authority that designates permanent or temporary early voting polling places must designate at least one that a child sex offender may lawfully enter. Amends the Criminal Code of In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote.

68 Carnival & Amusement Rides Safety Act 430 ILCS 85
Beginning January 1, 2008, no person, firm, corporation, or other entity that owns or operates a carnival or fair shall employ a carnival worker who is a registered sex offender.

69 720 ILCS 5/11-24 Class 2 Felony It is unlawful for a child sex offender to knowingly: conduct or operate any type of business in which he/she photographs, videotapes or takes digital images of a child. Conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child. Photograph, videotape or take a digital image of a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian.

70 Statutes to Know: 730 ILCS 150 Sex Offender Registration Act
730 ILCS 154 Murderer & VOAY Registration Act 730 ILCS 152 Sex Offender Community Notification Act 720 ILCS 5 sex offenses 720 ILCS 5/ & – restrictions

71 Tracie Newton Illinois State Police Sex Offender Registration Unit 217/ or 217/ Coordinator for Sex Offender Services Illinois Department of Corrections 217/


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