Ill. Admin. Code tit. 20 § 1283.40

Current through Register Vol. 48, No. 44, November 1, 2024

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.

Ill. Admin. Code tit. 20, § 1283.40

Amended at 46 Ill. Reg. 9105, effective 5/17/2022