SB3489 100TH GENERAL ASSEMBLY

LRB100 19620 RLC 34893 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3489

Introduced 2/16/2018, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

730 ILCS 154/12 new
730 ILCS 154/13 new
730 ILCS 154/46 new
730 ILCS 154/85

Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that any person who is required to register under this Act may file a Petition to Review Registrant Status with the county where he or she is required to register, seeking a hearing for early removal from the Murderer and Violent Offender Against Youth Registry. Provides that the registrant shall be removed from the registry if he or she can demonstrate exemplary conduct within his or her community, in addition to successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry. Provides exemplary conduct shall be successfully demonstrated when the registrant presents testimony, character witnesses, or other evidence to demonstrate rehabilitation and that the registrant has had no felony convictions during the last 5 years of registration. Provides that the office of the State's Attorney shall receive a copy of the petition and shall inform the victim involved of a hearing date, time, and the courtroom scheduled for the hearing. Provides that information on the number of registrants, biographical data such as age, race, relational status, type of conviction, and age of the victim shall be collected and be accessible on the Statewide Murderer and Violent Offender Against Youth Database.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Murderer and Violent Offender Against Youth Registration Act is amended by changing Section 85 and by adding Sections 12, 13, and 46 as follows:

(730 ILCS 154/12 new)

Sec. 12. Petition for early removal.

(a) Any person who is required to register under this Act may file a Petition to Review Registrant Status with the county where he or she is required to register, seeking a hearing for early removal from the Murderer and Violent Offender Against Youth registry.

(b) The person filing the petition under subsection (a) of this Section shall provide a copy of the petition to the office of the State's Attorney. Upon receipt of a Petition to Review Registrant Status, the State's Attorney shall notify the victim involved of a hearing date, time, and the courtroom scheduled for the hearing.

(c) The court may remove a person from the registry if he or she can demonstrate exemplary conduct within his or her community, in addition to successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry. Exemplary conduct shall be successfully demonstrated when the registrant presents testimony, character witnesses, or other evidence to demonstrate rehabilitation and that the registrant has had no felony convictions during the last 5 years of registration.

(d) A person who is required to register under this Act may appeal the findings of the circuit court which considered his or her Petition to Review Registrant Status.

(730 ILCS 154/13 new)

Sec. 13. Request for Review.

(a) Any person who is required to register under this Act may file a Request for Review with the office of the State's Attorney of the county in which he or she is required to register, and request that the office of the State's Attorney review his or her registration information. Upon receipt of a Request for Review, the State's Attorney shall review the information provided by the offender, and if he or she determines that the information currently relied upon for registration is inaccurate, the State's Attorney shall correct the error before reporting the offender's personal information to the Department of State Police. If the State's Attorney makes a determination to deny a Request for Review, the State's Attorney shall give the reason why and the information relied upon for denying the Request for Review.

(b) Within 60 days of a denial of a request for review an offender may appeal the decision of the State's Attorney to deny the Request for Review in the circuit court.

(730 ILCS 154/46 new)

Sec. 46. Notification of case information from the office of the State's Attorney. The office of the State's Attorney shall provide the Department of State Police all relevant case information that determines a registrant's place on the registry, including, but not limited to, the name of the offender, the date of birth of the offender, the nature of the crime, and the date of birth of the victim in order to facilitate proper registry placement and to prevent the necessity for future Requests for Review of a registrant's information.

(730 ILCS 154/85)

Sec. 85. Murderer and Violent Offender Against Youth Database.

(a) The Department of State Police shall establish and maintain a Statewide Murderer and Violent Offender Against Youth Database for the purpose of identifying violent offenders against youth and making that information available to the persons specified in Section 95. The Database shall be created from the Law Enforcement Agencies Data System (LEADS) established under Section 6 of the Intergovernmental Missing Child Recovery Act of 1984. The Department of State Police shall examine its LEADS database for persons registered as violent offenders against youth under this Act and shall identify those who are violent offenders against youth and shall add all the information, including photographs if available, on those violent offenders against youth to the Statewide Murderer and Violent Offender Against Youth Database.

(b) The Department of State Police must make the information contained in the Statewide Murderer and Violent Offender Against Youth Database accessible on the Internet by means of a hyperlink labeled "Murderer and Violent Offender Against Youth Information" on the Department's World Wide Web home page. The Department of State Police must update that information as it deems necessary.

The Department of State Police may require that a person who seeks access to the violent offender against youth information submit biographical information about himself or herself before permitting access to the violent offender against youth information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate.

(c) The Department of State Police must develop and conduct training to educate all those entities involved in the Murderer and Violent Offender Against Youth Registration Program.

(d) The Department of State Police shall commence the duties prescribed in the Murderer and Violent Offender Against Youth Registration Act within 12 months after the effective date of this Act.

(e) Information on number of registrants, biographical data such as age, race, relational status, type of conviction, and age of the victim shall be collected and made publicly accessible on the Department of State Police website. Departmental or other agencies involved with maintaining or monitoring registrants, or both, on the Murderer and Violent Offender Against Youth Registry shall adhere to the following:

(1) each office of the State's Attorney shall be responsible for recording data on each violent offender against youth registrant who has been prosecuted for failing to adhere to the requirements of the Registry. Each State's Attorney shall submit the data to the Department of State Police on a monthly basis;

(2) the Department of Corrections shall record all violators of the conditions of registration under this Act who are on parole or mandatory supervised release, which record shall consist of the date of violation, condition of parole or mandatory supervised release violated, and violations of the provisions of this Act. The information shall be submitted to the Department of State Police; and

(3) upon receipt of the data recording violation, the Department of State Police shall upload the data into the Statewide Murderer and Violent Offender Against Youth Database.

(Source: P.A. 97-154, eff. 1-1-12.)