Illinois Megan's Law Legislation

ILLINOIS SEX-OFFENDER REGISTRATION AND NOTIFICATION

CONTACT INFORMATION :

Illinois State Police

Sex-Offender Registration Program

400 Iles Park Place, Suite 300

Springfield, IL 62703-2978

Telephone: 217-785-0653

E-mail: soradmn@isp.state.il.us

1. WHO IS REQUIRED TO REGISTER?

Sex offenders and sexual predators are required to register.

(730 Ill. Comp. Stat. 150/3(a))

2. WHAT DOES “SEX OFFENDER” MEAN?

A “sex offender” means any person who is:

(1) charged pursuant to Illinois law, or any substantially similar federal, sister-state, or foreign-country law or provision of the Uniform Code of Military Justice, with a sex offense or the attempt to commit a sex offense, and:

(a) is convicted of such offense or an attempt to commit such offense;

(b) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or

(c) is the subject of a finding not resulting in an acquittal at a hearing for the alleged commission or attempted commission of such offense;

(2) certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act or any substantially similar federal, sister-state, or foreign-country law or provision of the Uniform Code of Military Justice;

(3) subject to the provisions of the Interstate Agreements of Sexually Dangerous Persons Act;

(4) found to be a sexually violent person pursuant to the Illinois Sexually Violent Persons Commitment Act or any substantially similar federal, sister-state, or foreign-country law or provision of the Uniform Code of Military Justice;

(5) adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute a sex offense in Illinois, or a comparable offense of federal law, the Uniform Code of Military Justice, or the law of another state or foreign country, or murder in the first degree, provided the murder was committed on or after June 1, 1996; the offender was at least 17 years old; and the victim was under 18 at the time of the murder; or

(6) found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an offense listed in (5) above.

(730 Ill. Comp. Stat. 150/2(A))

3. WHAT DOES “SEXUAL PREDATOR” MEAN?

“Sexual predator” means any person who, after July 1, 1999, is

(1) convicted, in Illinois or elsewhere, of:

(a) keeping a place of juvenile prostitution;

(b) juvenile pimping;

(c) exploitation of a minor;

(d) child pornography;

(e) criminal sexual assault, if the victim is under 12;

(f) aggravated criminal sexual assault;

(g) predatory criminal sexual assault of a minor;

(h) aggravated criminal sexual abuse;

(i) ritualized abuse of a minor;

(j) first-degree murder, when the victim was under 18 and the offender was at least 17 years old at the time of the offense; or

(k) a second or subsequent offense requiring registration; or

(2) certified in Illinois or elsewhere as a sexually dangerous person.

(730 Ill. Comp. Stat. 150/2(E))

4. WHAT DOES “SEX OFFENSE” MEAN?

A “sex offense” means:

(1) offenses involving child pornography, or an attempt to do so;

(2) indecent solicitation of a minor, or an attempt to do so;

(3) soliciting or patronizing a juvenile prostitute, or an attempt to do so;

(4) keeping a place of juvenile prostitution, or an attempt to do so;

(5) juvenile pimping, or an attempt to do so;

(6) exploitation of a minor, or an attempt to do so;

(7) criminal sexual assault, or an attempt to do so;

(8) aggravated criminal sexual assault, or an attempt to do so;

(9) predatory criminal sexual assault of a minor, or an attempt to do so;

(10) criminal sexual abuse, or an attempt to do so;

(11) aggravated criminal sexual abuse, or an attempt to do so;

(12) ritualized abuse of a minor, or an attempt to do so;

(13) kidnapping, when the victim is under 18, the offender is not a parent of the victim, and the offense was committed on or after January 1, 1996;

(14) aggravated kidnapping, when the victim is under 18, the offender is not a parent of the victim, and the offense was committed on or after January 1, 1996, or an attempt to do so;

(15) unlawful restraint, when the victim is under 18, the offender is not a parent of the victim, and the offense was committed on or after January 1, 1996, or an attempt to do so;

(16) aggravated unlawful restraint, when the victim is under 18, the offender is not a parent of the victim, and the offense was committed on or after January 1, 1996, or an attempt to do so;

(17) first-degree murder when the victim was under 18, the offender was at least 17 years old at the time of the commission of the offense, and the offense was committed on or after June 1, 1996;

(18) incest;

(19) child abduction committed by luring or attempting to lure a minor under 16 into a motor vehicle, building, house trailer, or dwelling place without the consent of the parent or lawful custodian of the minor for other than a lawful purpose and the offense was committed on or after January 1, 1998;

(20) forcible detention, if the victim is under 18 and the offense was committed on or after July 1, 1999;

(21) indecent solicitation of an adult, if the offense was committed on or after July 1, 1999, or an attempt to do so;

(22) soliciting for a prostitute, if the victim is under 18 and the offense was committed on or after July 1, 1999, or an attempt to do so;

(23) pandering, if the victim is under 18 and the offense was committed on or after July 1, 1999, or an attempt to do so;

(24) patronizing a prostitute, if the victim is under 18 and the offense was committed on or after July 1, 1999, or an attempt to do so;

(25) pimping, if the victim is under 18 and the offense was committed on or after July 1, 1999, or an attempt to do so;

(26) public indecency for a third or subsequent conviction, or an attempt to do so;

(27) custodial sexual misconduct, or an attempt to do so;

(28) permitting sexual abuse, or an attempt to permit sexual abuse;

(29) a violation of any former Illinois law substantially equivalent to an offense listed in (1) through (28) above; or

(30) a conviction for an offense of federal law, the Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to an offense listed in (1) through (28) above.

(730 Ill. Comp. Stat. 150/2(B))

5. ARE JUVENILE OFFENDERS REQUIRED TO REGISTER?

Juvenile-sex offenders may be required to register. A “juvenile-sex offender” is any person who has been adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute a sex offense in Illinois, or a comparable offense of federal law, the Uniform Code of Military Justice, or the law of another state or foreign country, or murder in the first degree, provided the murder was committed on or after June 1, 1996, the offender was at least 17 years old, and the victim was under 18 at the time of the murder.

(730 Ill. Comp. Stat. 150/2(A)(5))

6. WHEN DOES AN OFFENDER REGISTER?

Any offender registered under the Habitual Child Sex Offender Registration Act or the Child Sex Offender Registration Act prior to January 1, 1996, is deemed to have initially registered as of January 1, 1996.

(730 Ill. Comp. Stat. 150/3(c)(1))

Any offender convicted or adjudicated prior to January 1, 1996, whose liability for registration has not expired, must have registered in person prior to January 31, 1996.

(730 Ill. Comp. Stat. 150/3(c)(2))

Any offender who has not been notified of his or her responsibility to register must be notified by a criminal-justice entity of such responsibility. Upon notification, the offender must then register within 10 days. If notification is not made within the offender’s 10-year registration requirement, and the Illinois Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register under this Act.

(730 Ill. Comp. Stat. 150/3(c)(2.5))

Any person convicted on or after January 1, 1996, must register in person within 10 days after entry of the sentencing order based upon his or her conviction.

(730 Ill. Comp. Stat. 150/3(c)(3))

Any offender unable to comply with registration requirements due to confinement, institutionalization, or imprisonment in Illinois on or after January 1, 1996, must register in person within 10 days of discharge, parole, or release.

(730 Ill. Comp. Stat. 150/3(c)(4))

Any sex offender or sexual predator, regardless of any initial, prior, or other registration, must register within 10 days of beginning school or establishing a residence, place of employment, or temporary domicile in any county of Illinois.

(730 Ill. Comp. Stat. 150/3(b))

An offender who is allowed to leave a county, state, or federal facility for the purposes of work release, education, or overnight visitations is required to register within 10 days of beginning such a program.

(730 Ill. Comp. Stat. 150/7)

7. WHERE DOES AN OFFENDER REGISTER?

A sex offender or sexual predator must register in person with the:

(1) chief of police in each of the municipalities in which he or she attends school, is employed, resides, or is temporarily domiciled for 10 or more days, unless the municipality is the City of Chicago, in which case he or she must register at the Chicago Police Department Headquarters; or

(2) sheriff in each of the counties in which he or she attends school, is employed, resides, or is temporarily domiciled in an unincorporated area or, if incorporated, no police chief exists.

(730 Ill. Comp. Stat. 150/3(a))

An out-of-state student or out-of-state employee must register in person with the:

(1) chief of police in each of the municipalities in which he or she attends school or is employed for 10 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she must register at the Chicago Police Department Headquarters; or

(2) sheriff in each of the counties in which he or she attends school or is employed for 10 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists.

(730 Ill. Comp. Stat. 150/3(a-5))

Any sex offender or sexual predator, regardless of any initial, prior, or other registration, must register in person with the:

(1) chief of police in each of the municipalities in which he or she attends school, is employed, resides, or is temporarily domiciled for 10 or more days, unless the municipality is the City of Chicago, in which case he or she must register at the Chicago Police Department Headquarters;

(2) chief of police in each of the municipalities in which he or she attends school or is employed for 10 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she must register at the Chicago Police Department Headquarters;

(3) sheriff in each of the counties in which he or she attends school, is employed, resides, or is temporarily domiciled in an unincorporated area or, if incorporated, no police chief exists; or

(4) sheriff in each of the counties in which he or she attends school or is employed for 10 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists.

(730 Ill. Comp. Stat. 150/3(b))

8. WHAT INFORMATION MUST AN OFFENDER PROVIDE AT THE TIME OF REGISTRATION?

Registration consists of a written statement, a photograph, and possibly fingerprints.

(730 Ill. Comp. Stat. 150/8)

The offender must provide his or her current address, current place of employment, and school attended.

(730 Ill. Comp. Stat. 150/3(a))

9. WHAT HAPPENS IF AN OFFENDER CHANGES HIS OR HER ADDRESS OR OTHER REGISTRATION INFORMATION DURING THE REGISTRATION PERIOD?

If any offender required to register changes his or her residence address, place of employment, or school, he or she must inform, in writing, the law-enforcement agency with whom he or she last registered of his or her new address, change in employment, or school, within 10 days, and register with the appropriate law-enforcement agency within the time period specified in Question Seven above.

(730 Ill. Comp. Stat. 150/6)

Within 10 days after obtaining or changing employment and, if employed on January 1, 2000, within 10 days after that date, an offender required to register must report, in person or in writing, to the law-enforcement agency having jurisdiction, the business name and address where he or she is employed. If the offender has multiple business or work locations, every business and work location must be reported to the law-enforcement agency having jurisdiction.

(730 Ill. Comp. Stat. 150/3(d))

An offender who lives in another state but goes to work or school in Illinois must notify, in writing, the agency having jurisdiction of any change of employment or educational status within 10 days of the change.

(730 Ill. Comp. Stat. 150/6-5)

10. WHAT HAPPENS IF AN OFFENDER MOVES FROM ILLINOIS TO ANOTHER STATE?

If any offender required to register establishes a residence or employment outside of Illinois, within 10 days after establishing that residence or employment, he or she must inform, in writing, the law-enforcement agency with which he or she last registered of his or her out-of-state residence or employment.

(730 Ill. Comp. Stat. 150/6)

Any offender who establishes a residence outside of Illinois, is employed outside of Illinois, or attends school outside of Illinois must register in the new state within 10 days after establishing the residence, beginning employment, or beginning school.

(730 Ill. Comp. Stat. 150/4)

11. IS AN OFFENDER WHO MOVES FROM ANOTHER STATE TO ILLINOIS REQUIRED TO REGISTER?

Any sex offender or sexual predator must register within 10 days of establishing a residence in any county of Illinois.

(730 Ill. Comp. Stat. 150/3(b))

12. WHAT IF AN OFFENDER LIVES IN ANOTHER STATE BUT WORKS OR GOES TO SCHOOL IN ILLINOIS?

An out-of-state student or out-of-state employee must register within 10 days after beginning school or employment in Illinois.

(730 Ill. Comp. Stat. 150/3(a-5))

13. IS REGISTRATION A LIFETIME REQUIREMENT?

A person who was at least 17 years old at the time of the commission of the offense who is convicted of first-degree murder, committed on or after June 1, 1996, against a victim under 18, is required to register for life.

(730 Ill. Comp. Stat. 150/2(C-5))

A person who has been adjudicated “sexually dangerous” and is later released or found to be no longer sexually dangerous and released, must register for life.

(730 Ill. Comp. Stat. 150/7)

A sexually violent person or sexual predator must register for life after conviction or adjudication if not confined to a penal institution, hospital, or other institution or facility, and if confined, for life after parole, discharge, or release from any such facility.

(730 Ill. Comp. Stat. 150/7)

All other offenders must register for a period of 10 years after conviction or adjudication if not confined to a mental institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility.

(730 Ill. Comp. Stat. 150/7)

14. ARE THERE ANY PENALTIES FOR FAILING TO REGISTER OR FOR PROVIDING FALSE INFORMATION?

Any offender who is required to register and who seeks to change his or her name is guilty of a Class 4 felony.

(730 Ill. Comp. Stat. 150/10)

Any offender who is required to register and who knowingly or willfully gives false material information is guilty of a Class 3 felony.

(730 Ill. Comp. Stat. 150/10)

In addition to any other penalty required by law, any offender who violates the Illinois Sex Offender Registration Act will be required to serve a minimum period of seven days confinement in the local jail and the court will impose a mandatory minimum fine of $500.

(730 Ill. Comp. Stat. 150/10)

Failure to register or any other violation of the Illinois Sex Offender Registration Act will result in revocation of parole, mandatory supervised release, or conditional release.

(730 Ill. Comp. Stat. 150/4)

15. WHAT INFORMATION IS RELEASED TO THE PUBLIC ABOUT REGISTERED OFFENDERS?

A request for sex-offender information must be made in person, in writing, or by telephone. Information must be made available for public inspection to any person no later than 72 hours or three business days from the date of the request.

(730 Ill. Comp. Stat. 152/120(c))

The sheriff of the county, except Cook County, must disclose the name, address, date of birth, place of employment, school attended, and offense or adjudication of all registered offenders to the following:

(1) the boards of institutions of higher education or other appropriate administrative offices of each nonpublic institution of higher education located in the county where the offender is required to register, resides, is employed, or is attending an institution of higher education;

(2) school boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the county where the offender is required to register or is employed; and

(3) childcare facilities located in the county where the offender is required to register or is employed.

(730 Ill. Comp. Stat. 152/120(a))

The sheriff of Cook County must disclose the name, address, date of birth, place of employment, school attended, and offense or adjudication of all registered offenders to the following:

(1) the boards of institutions of higher education or other appropriate administrative offices of each nonpublic institution of higher education located in the county, other than the City of Chicago, where the offender is required to register, resides, is employed, or is attending an institution of higher education;

(2) school boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in the Law Enforcement Agencies Data System, other than the City of Chicago, where the offender is required to register or is employed; and

(3) childcare facilities located within the region of Cook County, as those childcare facilities are identified in the Law Enforcement Agencies Data System, other than the City of Chicago, where the offender is required to register or is employed.

(730 Ill. Comp. Stat. 152/120(a-2))

The Chicago Police Department must disclose the name, address, date of birth, place of employment, school attended, and offense or adjudication of all registered offenders to the following:

(1) school boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the police district where the offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago;

(2) childcare facilities located in the police district where the offender is required to register or is employed if he or she is required to register or is employed in the City of Chicago; and

(3) the boards of institutions of higher education or other appropriate administrative offices of each nonpublic institution of higher education located in the police district where the offender is required to register, resides, is employed, or is attending an institution of higher education in the City of Chicago.

(730 Ill. Comp. Stat. 152/120(a-3))

The Illinois Department of State Police and any law-enforcement agency can disclose the following information to any person likely to encounter a sex offender or sexual predator:

(1) the offender’s or predator’s name, address, and date of birth;

(2) the offense for which the offender or predator was convicted;

(3) adjudication as a sexually dangerous person;

(4) the offender’s or predator’s photograph or other such information that will help identify him or her; and

(5) offender or predator employment information, to protect public safety.

(730 Ill. Comp. Stat. 152/120(b))

Every municipal police department must make available at its headquarters information on all registered offenders in the municipality. The sheriff must also make available at his or her headquarters information on all registered offenders who live in unincorporated areas of the county.

(730 Ill. Comp. Stat. 152/120(c))

The sheriff or a municipal police department may publish the photographs of registered offenders, if any victim was 13 years old or younger, in a newspaper or magazine of general circulation in the municipality or county, or disseminate the photographs of those offenders on the Internet or on television.

(730 Ill. Comp. Stat. 152/120(c))

The Illinois Department of State Police and any law-enforcement agency having jurisdiction may provide the information with respect to an adjudicated juvenile delinquent to any person when that person’s safety may be compromised for some reason related to the juvenile-sex offender.

(730 Ill. Comp. Stat. 152/120(e))

16. CAN I SEARCH THE INTERNET FOR OFFENDERS IN MY AREA?

The Illinois Sex Offender Information web site is available at http://www.isp.state.il.us/sor/. The site can be searched by city, county, zip code, or name.