Section 1283.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for the registration of child murderers and violent offenders against youth.

 

Section 1283.20  Definitions

 

Terms used in this Part shall have the meanings set forth in the Murderer and Violent Offender Against Youth Registration Act or in this Section.

 

"Act" means the Murderer and Violent Offender Against Youth Registration Act [730 ILCS 154].

 

"Adjudicated juvenile delinquent violent offender" means a juvenile who has been adjudicated a juvenile delinquent as a result of committing or attempting to commit any of the offenses described in Section 5 of the Act or a violation of any substantially similar federal, other state or foreign country law.

 

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

 

"Child care facilities" has the meaning set forth in Section 2.05 of the Child Care Act of 1969 [225 ILCS 10/2.05], but does not include licensed foster homes.

 

"Conviction" means one or more convictions that 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.

 

"Fixed residence" means any and all places that an individual resides for an aggregate period of time of 5 or more days in a calendar year. [730 ILCS 154/5(i)]

 

"Institution of higher education" means an Illinois institution legally constituted to provide post-secondary education.

 

"Notification Form" means the Murderer and Violent Offender Against Youth Notification Form designed by the Department to be used to notify the violent offender of the responsibility to register.

 

"Out-of-state employee" means any violent offender 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 more than 30 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. [730 ILCS 154/5(g)]

 

"Out-of-state student" means any violent offender 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. [730 ILCS 154/5(f)]

 

"Registration Form" means the Murderer and Violent Offender Against Youth Registration Form designed by the Department to be used to satisfy the registration requirements of the Act.

 

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Murderer and Violent Offender Against Youth Registration Act and the Murderer and Violent Offender Against Youth Community Notification Law [730 ILCS 154/75-105].  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 5 or more days.

 

"Scheduled notifications" means notices sent annually.

 

"School" means any public or private educational institution, including, but not limited to, any elementary or secondary school, trade or professional institution, or institution of higher education. School also means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school that has registered with the State Board of Education or, in the case of a group of non-public schools registered with the State Board of Education that are organized under a single controlling administrative entity, the controlling administrative entity of that group of non-public schools. [730 ILCS 154/5(h)]

 

"Sex Offender Registry" means the data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act [730 ILCS 150] and the Sex Offender Community Notification Law [730 ILCS 152].  This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

 

"Sexually motivated" is defined in Section 10 of the Sex Offender Management Board Act [20 ILCS 4026/10].

 

"State's Attorney's Office" means the Office of the State's Attorney for the county in which the violent offender against youth was convicted.

 

"Transfer" means to move the name of and all registration data for the registered offender from the Sex Offender Registry to the Murderer and Violent Offender Against Youth Registry.

 

"Verification of Case Facts Form" means the form that the Department created for use by the State's Attorney's Office to verify an offense was not sexually motivated.

 

"Victim" means the individual subjected to the particular offense for which the perpetrator acquired the status of a violent offender against youth.  This term also includes the parent and legal guardian of the victim.

 

"Violent offender against youth" is defined in Section 5(a) of the Murderer and Violent Offender Against Youth Registration Act.

 

(Source:  Amended at 46 Ill. Reg. 9105, effective May 17, 2022)

 

Section 1283.30  Juvenile Violent Offender Against Youth

 

An adjudicated juvenile delinquent violent offender against youth is required to comply with all the statutory and administrative obligations of a violent offender against youth.  However, to qualify as an adjudicated juvenile delinquent violent offender against youth, the adjudication referenced in Section 5(a)(2) of the Act must have occurred on or after July 1, 1999 (see 730 ILCS 150/2(A-5) and 730 ILCS 152/105).

 

Section 1283.40  Procedures

 

The procedures set forth in this Section are necessary to ensure the information in the Murderer and Violent Offender Against Youth Database is accurate as required by Section 85 of the Act.

 

a)         Section 15 of the Act sets forth the duties and responsibilities of the Illinois Department of Corrections (IDOC), Hospital or Other Place of Confinement, which include:

 

1)         A violent offender against youth, prior to release from an IDOC facility or other penal institution, hospital or other treatment facility, or other place of confinement, shall be notified by the place of confinement of the duty to register under the Act.  The violent offender against youth shall also be required to read and sign a completed Murderer and Violent Offender Against Youth Notification Form.

 

2)         The place of confinement shall give one copy of the completed Notification Form to the violent offender against youth, keep the original for its records, and send a photograph of the offender to the Department.

 

3)         IDOC shall share with the Department, within 24 hours of the offender's release, electronic data files, including photographs, containing all violent offenders being released from IDOC facilities.

 

4)         A hospital, treatment facility, or place of confinement other than IDOC shall give one copy of the completed Notification Form to the violent offender against youth, keep the original for its records, and forward one copy to the Department within 3 days after the violent offender against youth's release. [730 ILCS 154/15]

 

b)         Section 20 of the Act sets forth the duties of the Court of conviction, which include:

 

1)         A violent offender against youth, released on probation or discharged upon payment of a fine as a result of a conviction for an offense or an attempted offense that requires registration under the Act, shall be informed of the duty to register under the Act.  The violent offender against youth shall also be required to read and sign a completed Notification Form.

 

2)         One copy of the completed Notification Form is given to the violent offender against youth and the original is maintained in the court file. [730 ILCS 154/20]

 

3)         The record of notification is entered into the Law Enforcement Agencies Data System (LEADS) and a photograph is forwarded to the Department within 3 days after conviction.

 

4)         Pursuant to Section 86 of the Act, a Verification of Case Facts Form is completed by the convicting State's Attorney's Office to verify the offense was not sexually motivated. This form must be forwarded to the Department and to the jurisdiction with which the violent offender against youth must register.

 

c)         Agency of Jurisdiction – Registration Requirements

 

1)         The agency of jurisdiction will:

 

A)        complete the Murderer and Violent Offender Against Youth Registration Form;

 

B)        ensure the violent offender against youth reads and signs the form, provide one copy of the form to the violent offender against youth, keep the original signed copy until the requirement to register has expired, and, within 3 days of completion of the form, enter registration information into LEADS; and

 

C)        forward a copy of the violent offender against youth's photograph to the Department.  Fingerprints will be obtained from the offender, using the standard arrest card, and forwarded to the Illinois State Police Bureau of Identification during initial registration.  The card shall indicate that the purpose of the fingerprints is for Murderer and Violent Offender Against Youth registration.

 

2)         The agency of jurisdiction shall review the current criminal history record of the violent offender against youth.  If the disposition is missing or the criminal history is incomplete, the jurisdiction shall inform the Illinois State Police.  The Bureau of Identification shall provide any information it has that would assist in completing the record.

 

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

 

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

 

5)         Agencies of jurisdiction shall verify the address of violent offenders against youth required to register with that jurisdiction at least once a year.  A record of the results of this verification shall be documented with a LEADS add-on. [730 ILCS 154/50(a)]

 

6)         Section 10(a) of the Act requires that violent offenders against youth required by the Act to register shall register in person with the agency of jurisdiction where the violent offender against youth intends to reside or be temporarily (5 or more days per calendar year) domiciled.  Registration of location of employment or school attendance shall be completed within 5 days after beginning employment or school.  The Department will electronically share the registrant information with the agency of jurisdiction in the location of the registrant's temporary domicile, employment, or school attendance.

 

7)         When an individual required to register is employed by or attends an institution of higher education outside the jurisdiction of the place of residence, that individual shall provide this information to the agency of jurisdiction in the location of the offender's residence.

 

d)         Change of Address

 

1)         A violent offender against youth who changes place of residence shall inform, in person, the last law enforcement agency with whom the offender registered within 5 days after the change.  Within 3 days after receiving notification, the law enforcement agency shall enter the notice of address change into LEADS.

 

2)         A violent offender against youth shall report in person any changes of employment or school status to the agency of jurisdiction of the violent offender against youth's residence within 5 days after the change.

 

e)         Registration Fees

The agency of jurisdiction shall collect a $20 initial registration fee and a $10 annual renewal fee from violent offenders against youth.  The jurisdiction can waive the fee if the violent offender against youth is indigent or otherwise unable to pay the registration fee. [730 ILCS 154/10(b)] 

 

1)         Appropriate records of receipts and expenditures shall be maintained by the registering jurisdiction.  Fees shall not be collected for reporting changes in employment or school, other than as may be required for annual registration.

 

2)         All registration fees should be made payable to the Illinois State Police for deposit into the Offender Registration Fund.  Registration fees should be sent to the following address:

 

Illinois State Police

Fiscal Operations

801 South 7^th Street, Suite 700-S

Springfield, IL  62703

 

f)         Registration of Juveniles

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

 

g)         Transfer from the Sex Offender Registry

 

1)         The registration information for a person registered under the Sex Offender Registration Act who was convicted or adjudicated for offenses listed in Section 5(b) of the Act may only be transferred to the Murderer and Violent Offender Against Youth Registry if all the following conditions are met:

 

A)        The offender's sole offense requiring registration is a conviction or adjudication for an offense or offenses listed in Section 5(b) of the Act.

 

B)        The State's Attorney's Office in the county in which the offender was convicted has verified on the Verification of Case Facts Form the person's crime that requires registration was not sexually motivated as defined in Section 10 of the Sex Offender Management Board Act.

 

C)        The completed Verification of Case Facts Form has been received by the registering law enforcement agency and the Sex Offender Registration Unit at the Department.

 

2)         Once transferred, if an offender is convicted of an offense that requires sex offender registration, the offender will be removed from the Murderer and Violent Offender Against Youth Registry and will be placed in the Sex Offender Registry. 

 

h)         State Board of Education Information

 

1)         Pursuant to Section 90 of the Act, the State Board of Education shall provide to the Department an accurate listing of addresses and points of contact for all schools.

 

2)         The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.

 

3)         The State Board of Education shall appoint a point of contact to coordinate notification activities with the Department.

 

i)          Department of Children and Family Services Information

 

1)         Pursuant to Section 90 of the Act, the Department of Children and Family Services shall provide to the Department a listing of addresses and points of contact for all licensed child care facilities.

 

2)         The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.

 

3)         A point of contact from the law enforcement agency of jurisdiction will be identified to serve as a liaison with schools and child care facilities.  Jurisdictions shall provide the name and telephone number of their point of contact to all child care facilities and schools within their jurisdictions.

 

j)          Board of Higher Education Information

 

1)         Pursuant to Section 90 of the Act, the Illinois Board of Higher Education shall provide to the Department an accurate listing of addresses and points of contact for all institutions of higher education.

 

2)         The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.

 

3)         The Board of Higher Education shall appoint a contact to coordinate notification activities with the Department.

 

k)         Victim Notification

 

1)         The victim may request automatic notification of the change of address of the violent offender against youth associated with that victim.

 

2)         In order to obtain automatic notification, the victim must make a request in writing to the Department that includes the full name and date of birth, or the full name, date of conviction and county of conviction, of the violent offender against youth.

 

l)          Agency of Jurisdiction − Community Notifications

 

1)         Law enforcement agencies having jurisdiction will develop internal procedures and policies for implementing the provisions of the Act.  Procedures shall provide for reasonable access to the information required to be provided under the Act.

 

2)         Jurisdictions shall provide the name, address, date of birth and offense or adjudication of the violent offender against youth required to register to any individual authorized by law who requests access to the registry.  Jurisdictions have the discretion to provide to any individual authorized by law any additional information contained in the registry that will help identify the violent offender against youth.  This disclosure shall not include any information that would help identify the victim.

 

3)         A point of contact will be identified to serve as a liaison with schools and child care facilities.  Jurisdictions shall provide the name and telephone number of their point of contact to all child care facilities and schools within their jurisdictions.  Schools and child care facilities will be provided any changes on a timely basis.  Point of contact information will also be provided to the Department.

 

4)         Requesters will be required to show identification to receive violent offender against youth information.

 

5)         Jurisdictions may charge a reasonable fee, not to exceed costs, to provide the information to individuals requesting access to the registry.  Provisions for this charge must be included in their written procedures.  Fees cannot be charged to schools, child care facilities or other government agencies or for discretionary release of information.

 

6)         Disclosure to the Department of Children and Family Services, schools and child care facilities will be made during each scheduled notification.  Additional disclosures may be made at any time.

 

7)         Jurisdictions can establish agreements with other law enforcement agencies having jurisdiction to facilitate the discharge of their responsibilities under the Act and this Part.  These agreements may delegate to another jurisdiction tasks necessary to accomplish a jurisdiction's mandatory duties.  The agreements shall be in writing and shall be submitted to the Department prior to implementation.  Regardless of any agreement, each jurisdiction shall be responsible to ensure its individual compliance with the Murderer and Violent Offender Community Notification Law and this Part.

 

8)         Jurisdictions have the discretion to place violent offender against youth information, including photographs, on the Internet or in other media.  Jurisdictions shall have the discretion to release information regarding employment, school and juvenile information only when a risk to the public exists.

 

9)         Law enforcement agencies having jurisdiction of violent offenders against youth attending or employed at institutions of higher education will, within 3 days of completion, forward one copy of the registration form and all changes of employment or education status to the point of contact for the institution.

 

m)        Illinois State Police

 

1)         The Department will provide a listing of all schools and child care facilities to Illinois sheriffs' offices and the Chicago Police Department for their respective jurisdictions.  However, the Department will not list controlling administrative entities of groups of non-public schools.  The listing or changes in the listing will be provided to agencies at least two weeks prior to the beginning of scheduled notifications.

 

2)         The Department will maintain the registry and conduct audits of criminal justice agencies, as defined in 28 CFR 20 (Criminal Justice Information Systems), affected by this Part to ensure the integrity of data.  The Department will maintain LEADS as the primary mechanism for registration and communication relating to violent offenders against youth.

 

3)         The Department will confer with the State Board of Education, the Department of Children and Family Services, and the Board of Higher Education concerning the implementation of this Part.  Procedures to evaluate the notification process will be developed jointly.  Periodic meetings will be scheduled to address issues and identify potential problems.

 

(Source:  Amended at 46 Ill. Reg. 9105, effective May 17, 2022)

 

Section 1283.50  Requirements

 

a)         Registration Period

A violent offender against youth required to register under the Act shall be required to register for a period of 10 years after the conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, or, if confined, for a period of 10 years after parole, discharge or release from any such facility.  Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, or, if confined, at the expiration of 10 years from the date of parole, discharge or release from any such facility, providing the person does not, during that period, again become liable to register under the Act.  Reconfinement (due to violation of parole or other circumstances) that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release.  Failure to comply with any provision of the Act shall extend the period of registration by 10 years beyond the period otherwise required.  Except that, a person at least 17 years of age at the time of the commission of the offense who is convicted of first degree murder under Section 9-1 of the Criminal Code of 2012 [720 ILCS 5/9-1], against a person under 18 years of age, shall register in person annually within one year after his or her last registration for the period of his or her natural life. Transfer from the Sex Offender Registry to the Murderer and Violent Offender Against Youth Registry will not extend the registration period for offenders who were registered under the Sex Offender Registration Act. [730 ILCS 154/40]

 

b)         Confidentiality

 

1)         The secondary dissemination of murderer and violent offender against youth information is not prohibited.  Secondary dissemination is defined as dispersing the information beyond law enforcement officials.

 

2)         Notwithstanding the requirement of subsection (b)(1) information regarding an adjudicated juvenile delinquent violent offender against youth shall not be available to the public, except that information may be provided to a person or legal guardian when the Department or any law enforcement agency determines that the person's safety or the safety of a minor child may be compromised for some reason related to the juvenile violent offender against youth. [730 ILCS 154/100]

 

c)         Murderer and Violent Offender Against Youth Registration Form

The Registration Form shall contain all the information necessary to comply with the requirements of this Part and shall also provide descriptive information necessary to identify the person registering.

 

d)         Murderer and Violent Offender Against Youth Notification Form

The Notification Form shall be used to notify the violent offender against youth regarding responsibilities under the Act.  The form shall, at a minimum, include the violent offender against youth'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 violent offender against youth.  The form is not required for violent offenders against youth 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 agency of jurisdiction where they attend school in Illinois. 

 

f)         Out-of-State Employee

Out-of-state employees must register within 5 days after beginning employment in this State with the agency of 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.  [730 ILCS 154/10]

 

g)         Electronic Transmission of Information

Any of the Department's communications and transfer of information described in this Part may be accomplished by electronic means.  Publicly accessible communication networks, such as the Internet, may be used when technically feasible.

 

h)         Section 55 of the Act sets forth parameters for public access, which include:

 

1)         Discretionary Access

The Department and any law enforcement agency having jurisdiction may provide any information contained in the registry, including photographs but excluding information that would help identify the victim, on any violent offender against youth to any individual or entity likely to encounter the offender.  However, information on an adjudicated juvenile delinquent violent offender against youth shall only be disseminated when related to personal safety.

 

2)         Public Inspection as set forth in the Act. [730 ILCS 154/55].

 

i)          Violent Offender Against Youth Information

General violent offender against youth information can be obtained on the Illinois State Police Website at www.isp.state.il.us.

 

(Source:  Amended at 46 Ill. Reg. 9105, effective May 17, 2022)

 

Section 1283.60  Extension of Registration Period

 

a)         Extension

Whenever a murderer or violent offender against youth fails to register for the period of time as required by Section 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), 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 murderer or violent offender against youth last registered within 3 days after the extension of the registration period.

 

2)         The murderer or violent offender against youth shall obtain a copy of the letter from the law enforcement agency where the murderer or violent offender against youth last registered.

 

3)         When a murderer or violent offender against youth 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 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), the murderer or violent offender against youth shall have 10 business days to petition the Department to review the circumstances surrounding the extension of the registration.

 

2)         The murderer or violent offender against youth shall complete any forms prescribed by the Department and provide any additional documentation (e.g., hospital release paperwork, rehab release paperwork, jail release paperwork, family death certificate or obituary, etc.) requested that is relevant and necessary to investigate 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; and

 

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 Ill. Adm. Code 1200.30).

 

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

 

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. 9105, effective May 17, 2022)