Section 1280.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for the registration of sex offenders.

 

(Source:  Amended at 20 Ill. Reg. 8045, effective June 3, 1996)

 

Section 1280.20  Definitions

 

Unless specified otherwise, all terms shall have the meanings set forth in the Sex Offender Registration Act.  For purposes of this Part, the following definitions apply:

 

"Act" means the Sex Offender Registration Act [730 ILCS 150].

 

"Adjudicated juvenile delinquent sex offender" means a juvenile that has been adjudicated a juvenile delinquent as the result of committing or attempting to commit any of the sex offenses described in Section 2(B), (C), or (C-5) of the Act or a violation of any substantially similar federal, sister state, or foreign country law.

 

"Agency of jurisdiction" means the law enforcement agency having jurisdiction as defined in the Act, i.e., the agency with jurisdiction where the sex offender intends to reside, work or attend school.

 

"Conviction" means one or more convictions which result from or are connected with the same act, or result from offenses committed at the same time; such convictions shall be counted as one conviction.

 

"Department" means the Illinois Department of State Police and any of its subdivisions.

 

"Institution of higher education" means an Illinois institution legally constituted to offer degree and instruction post secondary education.

 

"Out-of-state employee" means any sex offender or sexual predator who is employed in Illinois, regardless of whether the individual receives payment for services performed, volunteers, or performs services for government or educational benefit for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year. Persons who are employed to operate motor vehicles in or through Illinois or whose employment involves periods of less than a full day in Illinois accrue one day of employment for any portion of a day spent in Illinois.

 

"Out-of-state student" means any sex offender or sexual predator who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher education.

 

"Place of confinement" means any prison, jail, hospital or other institution or facility where a sex offender may be confined due to conviction or a finding other than acquittal for a sex offense; due to a person's status as a sexually violent person under the Sexually Violent Persons Act; or due to a person's status as a sexually dangerous person under the Sexually Dangerous Persons Act.

 

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Law.  This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

 

“Resides” means to maintain a residence or to be temporarily domiciled for a period of 10 or more days.

 

“Sex offender” means the same as the definition found in Section 2(A) of the Sex Offender Registration Act [730 ILCS 150/2(A)].

 

"Sex Offender Notification Form" means the form designed by the Department to be used to notify the sex offender of the responsibility to register.

 

"Sex Offender Registration Form" means the form designed by the Department to be used to satisfy the registration requirements of the Act.

 

"Sexual predator" means the same as the definition found in Section 2(E) of the Sex Offender Registration Act [730 ILCS 150/2(E)].

 

(Source:  Amended at 27 Ill. Reg. 16141, effective September 30, 2003)

 

Section 1280.25  Juvenile Sex Offender

 

An adjudicated juvenile delinquent sex offender as described or defined at Section 2(A)(5)of the Act is required to comply with all the statutory and administrative obligations of a sex offender.  However, to qualify as an adjudicated juvenile delinquent sex offender, the adjudication referenced in Section 2(A)(5) must have occurred on or after July 1, 1999 (the effective date of Public Act 91-48).

 

(Source:  Amended at 27 Ill. Reg. 16141, effective September 30, 2003)

 

Section 1280.30  Procedures

 

a)         Place of Confinement

 

1)         A sex offender, prior to the release from a place of confinement, shall be notified by the place of confinement of the duty to register under the Act.  The offender shall also be required to read and sign a completed Sex Offender Notification Form.

 

2)         The place of confinement shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record and send a photograph of the offender to the Department.

 

3)         The Illinois Department of Corrections (IDOC) will share with the Department, within 24 hours, electronic data files, including photographs, containing all sex offenders being released from IDOC facilities.

 

4)         The hospital, other treatment facility, or place of confinement other than IDOC, shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record, and forward one copy to the Department within three days after the sex offender's release.

 

b)         Court

 

1)         The court will ensure a sex offender, released on probation or discharged upon payment of a fine as a result of a conviction for a sex offense or an attempted sex offense, shall be informed of the duty to register under the Act.  The offender shall also be required to read and sign a completed Sex Offender Notification Form.

 

2)         The court will ensure one copy of the completed Sex Offender Notification Form is given to the offender and the original is maintained in the court file.

 

3)         The court will ensure the record of notification is entered into LEADS and a photograph is forwarded to the Department within three days after conviction.

 

c)         Agency of Jurisdiction

 

1)         The agency of jurisdiction will complete the Sex Offender Registration Form; ensure the offender reads and signs the form, provide one copy of the form to the offender, keep the original signed copy until the requirement to register has expired, and, within three days, enter registration information in the Law Enforcement Agencies Data System (LEADS); and forward a copy of the offender's photograph to the Department.  Fingerprints will be obtained from the sex offender, using the standard arrest card, and forwarded to the Illinois State Police Bureau of Identification during initial registration.  The card shall indicate that the purpose of the fingerprints is for sex offender registration.

 

2)         The agency of jurisdiction shall review the current criminal history record of the offender.  The agency shall confirm the offender's duty to register and the offender's registration information and determine if the offender qualifies as a Sex Offender.  If the disposition is missing or the criminal history is incomplete, the agency shall inform the Illinois State Police.  The Bureau of Identification shall provide any information it has that would assist in completing the record.

 

3)         The agency of jurisdiction shall record contacts with convicted sex offenders into LEADS as an add-on record.

 

4)         Agencies of jurisdiction can establish agreements with other agencies of jurisdiction to facilitate the discharge of their responsibilities under the Act and this Part.  These agreements may delegate to another agency tasks necessary to accomplish an agency's mandatory duties.  The agreements shall be in writing and shall be submitted to the Department prior to implementation. Regardless of any agreement, each agency shall be responsible to ensure its individual compliance with the Act and this Part.

 

5)         Agencies of jurisdiction shall verify the address of sex offenders required to register with their agency at least once a year.  A record of the results of this verification shall be documented with a LEADS add-on.

 

6)         Section 3(a)(1) of the Sex Offender Registration Act [730 ILCS 150/3(a)(1)] requires that a sex offender or sexual predator required by the Act to register shall register with each agency of jurisdiction where the sex offender or sexual predator intends to reside, be temporarily (10 or more days per calendar year) domiciled, be employed or attend school.  Registration of location of employment or school attendance shall be completed within 10 days after beginning employment or school.  Except as provided by subsection (c)(7) of this Section, the sex offender or sexual predator is deemed to have met these registration requirements if the sex offender or sexual predator timely registers all residence, temporary domicile, employment and school attendance information with the agency or jurisdiction in which the registrant resides.  The Department will electronically share the registrant information with the agency of jurisdiction in the location of the registrant's temporary domicile, employment or school attendance.

 

7)         When an individual required to register is employed by or attends an institution of higher education outside the jurisdiction of the sex offender's or sexual predator's place of residence, that individual shall additionally register directly with the agency of jurisdiction in the location of the institution of higher education.

 

d)         Change of Address

A sex offender, who changes residence address, shall within ten days after the change so inform, in writing, the last law enforcement agency with whom registered.  Within three days after receiving notification, the law enforcement agency shall enter the notice of address change into LEADS.

 

1)         A sex offender shall report any changes of employment or school status in writing or in person to the law enforcement jurisdiction of the sex offender’s residence within 10 days after the change.

 

2)         A sex offender attending or employed at an institution of higher education shall, in addition to the other requirements of this subsection (d), report any changes of employment or school status in person to the law enforcement jurisdiction of the institution of higher education within 10 days after the change if the institution of higher education is not located in the law enforcement jurisdiction of the sex offender’s residence.

 

e)         Registration Fees

The agency of jurisdiction shall collect a $10 initial registration fee and a $5 annual renewal fee from sex offenders.  The agency can waive the fee if the sex offender is indigent or otherwise unable to pay the registration fee.  All registration fees shall be retained by the registering agency and used for official purposes only.  Appropriate records of receipts and expenditures should be maintained by the registering agency.  Fees shall not be collected for reporting employment, school, or institution of higher education changes other than as may be required for annual registration.

 

f)         Notification of Sex Offenders Moving to Illinois from Other States or Countries; Sex Offenders Who Were Convicted or Adjudicated in Illinois and Were Released from Confinement Prior to January 1, 1996 or Who Were Convicted and Sentenced to Probation Prior to January 1, 1996.  Any law enforcement agency can notify a sex offender to register. Documentation of this notification may include, but shall not be limited to, a LEADS add-on, Notification Form, local field or investigative report, etc.

 

g)         Registration of Juveniles

The parent, legal guardian, probation or parole supervisor, or other court-appointed custodian shall accompany juveniles to the agency having jurisdiction for the purpose of registering as a sex offender.

 

(Source:  Amended at 27 Ill. Reg. 16141, effective September 30, 2003)

 

Section 1280.40  Requirements

 

a)         Registration Period

A sex offender required to register under the Act shall be required to register for a period of ten years after the conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of ten years after parole, discharge or release from any such facility.  Liability for registration terminates at the expiration of ten years from the date of conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, at the expiration of ten years from the date of parole, discharge or release from any such facility, providing such person does not, during that period, again become liable to register under the provisions of the Act.  Reconfinement (due to violation of parole or other circumstances) which relates to the original conviction or adjudication shall extend the period of registration to ten years after final parole, discharge or release.  A sex offender shall register in person annually within one year after his or her last registration.  Failure to comply with any provision of the Act shall extend the period of registration by ten years beyond the period otherwise required.  A sexually dangerous person or sexually violent person shall register in person no later than 90 days after the date of his or her last registration for the period of his or her natural life.  A sexual predator shall register in person annually within one year after his or her last registration for the period of his or her natural life.

 

b)         Confidentiality

The secondary dissemination of sex offender information is not prohibited.

 

c)         Sex Offender Registration Form

The Sex Offender Registration Form shall contain all the information necessary to comply with the requirements of these rules and shall also provide descriptive information necessary to identify the person registering.

 

d)         Sex Offender Notification Form

The Sex Offender Notification Form shall be used to notify the offender regarding responsibilities under the Act.  The form shall at a minimum include the sex offender's name, date of birth, sex, race, SID (State identification number), county of conviction, date of conviction and intended address.  The form must be initialed and signed by the sex offender. The form is not required for sex offenders who were convicted and sentenced to probation or who were released from confinement prior to January 1, 1996.

 

e)         Out-of-State Student

Out-of-state students must register with the law enforcement agency having jurisdiction where they attend school in Illinois. 

 

f)         Out-of-State Employee

Out-of-state employees must register with the law enforcement agency having jurisdiction where they are employed in Illinois.  Out-of-state employees whose employment involves work in more than one location shall register in the location in which the greatest time of employment is spent. Out-of-state employees are required to register no later than the day on which they qualify as an out-of-state employee as defined in Section 1280.20.

 

(Source:  Amended at 27 Ill. Reg. 16141, effective September 30, 2003)

 

Section 1280.50  Extension of Registration Period

 

a)         Extension

Whenever a sex offender fails to register for the period of time as required by Section 7 of the Sex Offender Registration Act [730 ILCS 150/7], the Director shall extend for 10 years the registration period of any sex offender.

 

b)         Notice

 

1)         The Department shall send a registered letter to the law enforcement agency where the sex offender last registered within 3 days after the extension of the registration period.

 

2)         The sex offender shall obtain a copy of the letter from the law enforcement agency where the sex offender last registered.

 

3)         When a sex offender signs for the letter notifying them of the extension, the law enforcement agency shall ensure the date received is indicated with the signature, and then shall retain one copy and return one to the Department. 

 

c)         Petition for Review

 

1)         Upon receipt of notice that the registration period has been extended pursuant to Section 7 of the Sex Offender Registration Act [730 ILCS 150/7], the sex offender shall have 10 business days to petition the Department to review the circumstances surrounding the extension of the registration.

 

2)         The sex offender shall complete any forms prescribed by the Department and provide any additional documentation requested (e.g. hospital release, rehab release, jail release, family death certificate, obituary, etc.) that is relevant and necessary to review the circumstances surrounding the extension of the registration.

 

3)         As the result of such review:

 

A)        If there is sufficient information to determine whether substantial justice has been done, the Director shall issue a final administrative decision regarding the extension of the registration;

 

B)        If there is insufficient evidence to determine whether substantial justice has been done, the Director shall provide notice to the petitioner that they may request a hearing before an administrative law judge. 

 

i)          The petitioner shall request an administrative hearing within 30 days from the date notice is sent.

 

ii)         The request for an administrative hearing must be in writing on forms made available by the Department through its website.

 

d)         Administrative Hearing

 

1)         The administrative law judge for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director.  The administrative law judge will be disqualified for bias or conflict of interest.

 

2)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge (See 20 IAC 1200).

 

3)         Within 90 days after the conclusion of the hearing, the administrative law judge shall issue a recommended decision.

 

4)         The Director shall be provided with a copy of the entire record, including but not limited to the recommendation of the administrative law judge and shall issue a final administrative decision to the complainant regarding the extension of the registration.

 

e)         Decisions rendered under this process are subject to the Administrative Review Law [50 ILCS 100/10-50].

 

(Source:  Added at 46 Ill. Reg. 6803, effective April 12, 2022)