(730 ILCS 150/1) (from Ch. 38, par. 221)
Sec. 1.
Short title.
This Article may be cited
as the Sex Offender Registration Act.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any person who is:
Convictions that result from or are connected with the same act, or result
from offenses committed at the same time, shall be counted for the purpose of
this Article as one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Article.
For purposes of this Section, "convicted" shall have the same meaning as
"adjudicated".
(B) As used in this Article, "sex offense" means:
(C) A conviction for an offense of federal law, Uniform Code of Military
Justice, or the law of another state
or a foreign country that is substantially equivalent to any offense listed
in subsections (B), (C), (E), and (E-5) of this Section shall
constitute a
conviction for the purpose
of this Article. A finding or adjudication as a sexually dangerous person
or a sexually violent person under any federal law, Uniform Code of Military
Justice, or the law of another state or
foreign country that is substantially equivalent to the Sexually Dangerous
Persons Act or the Sexually Violent Persons Commitment Act shall constitute an
adjudication for the purposes of this Article.
(C-5) 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 1961 or the Criminal Code of 2012, against a person
under 18 years of age, shall be required to register
for natural life.
A conviction for an offense of federal, Uniform Code of Military Justice,
sister state, or foreign country law that is substantially equivalent to any
offense listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection (C-5) applies to a person who committed the offense before June 1, 1996 if: (i) the person is incarcerated in an Illinois Department of Corrections facility on August 20, 2004 (the effective date of Public Act 93-977), or (ii) subparagraph (i) does not apply and the person is convicted of any felony after July 1, 2011, and paragraph (2.1) of subsection (c) of Section 3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent of first degree murder as defined in Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012, against a person 18 years of age or over, shall be required to register for his or her natural life. A conviction for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in subsection (C-6) of this Section shall constitute a conviction for the purpose of this Article. This subsection (C-6) does not apply to those individuals released from incarceration more than 10 years prior to January 1, 2012 (the effective date of Public Act 97-154).
(D) As used in this Article, "law enforcement agency having jurisdiction"
means the Chief of Police in each of the municipalities in which the sex offender
expects to reside, work, or attend school (1) upon his or her discharge,
parole or release or
(2) during the service of his or her sentence of probation or conditional
discharge, or the Sheriff of the county, in the event no Police Chief exists
or if the offender intends to reside, work, or attend school in an
unincorporated area.
"Law enforcement agency having jurisdiction" includes the location where
out-of-state students attend school and where out-of-state employees are
employed or are otherwise required to register.
(D-1) As used in this Article, "supervising officer" means the assigned Illinois Department of Corrections parole agent or county probation officer.
(E) As used in this Article, "sexual predator" means any person who,
after July 1, 1999, is:
(E-5) As used in this Article, "sexual predator" also means a person convicted of a violation or attempted violation of any of the following
Sections of the
Criminal Code of 1961 or the Criminal Code of 2012:
(E-10) As used in this Article, "sexual predator" also means a person required to register in another State due to a conviction, adjudication or other action of any court triggering an obligation to register as a sex offender, sexual predator, or substantially similar status under the laws of that State.
(F) As used in this Article, "out-of-state student" means any sex
offender, as defined in this Section,
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 learning.
(G) As used in this Article, "out-of-state employee" means any sex
offender, as defined in this Section,
or sexual predator who works in Illinois, regardless of whether the individual
receives payment for services performed, 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 operate motor vehicles in the State accrue one day of employment
time for any portion of a day spent in Illinois.
(H) As used in this Article, "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.
(I) As used in this Article, "fixed residence" means any and all places that a sex offender resides for an aggregate period of time of 5 or more days in a calendar year.
(J) As used in this Article, "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.
(Source: P.A. 100-428, eff. 1-1-18.)
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or sexual
predator shall, within the time period
prescribed in subsections (b) and (c), register in person
and provide accurate information as required by the Illinois State
Police. Such information shall include a current photograph,
current address,
current place of employment, the sex offender's or sexual predator's telephone number, including cellular telephone number, the employer's telephone number, school attended, all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use, all Uniform Resource Locators (URLs) registered or used by the sex offender, all blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information, extensions of the time period for registering as provided in this Article and, if an extension was granted, the reason why the extension was granted and the date the sex offender was notified of the extension. The information shall also include a copy of the terms and conditions of parole or release signed by the sex offender and given to the sex offender by his or her supervising officer or aftercare specialist, the county of conviction, license plate numbers for every vehicle registered in the name of the sex offender, the age of the sex offender at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the sex offender. A sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 shall provide all Internet protocol (IP) addresses in his or her residence, registered in his or her name, accessible at his or her place of employment, or otherwise under his or her control or custody. If the sex offender is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, the sex offender shall report to the registering agency whether he or she is living in a household with a child under 18 years of age who is not his or her own child, provided that his or her own child is not the victim of the sex offense. The sex offender or
sexual predator shall register:
If the sex offender or sexual predator is employed at or attends an institution of higher education, he or she shall also register:
The registration fees shall only apply to the municipality or county of primary registration, and not to campus registration.
For purposes of this Article, the place of residence or temporary
domicile is defined as any and all places where the sex offender resides
for an aggregate period of time of 3 or more days during any calendar year.
Any person required to register under this Article who lacks a fixed address or temporary domicile must notify, in person, the agency of jurisdiction of his or her last known address within 3 days after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily absent from his or her current address of registration for 3 or more days shall notify the law enforcement agency having jurisdiction of his or her current registration, including the itinerary for travel, in the manner provided in Section 6 of this Act for notification to the law enforcement agency having jurisdiction of change of address.
Any person who lacks a fixed residence must report weekly, in person, with the sheriff's office of the county in which he or she is located in an unincorporated area, or with the chief of police in the municipality in which he or she is located. The agency of jurisdiction will document each weekly registration to include all the locations where the person has stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate information
as required by the Illinois State Police. That information shall include
the sex offender's or sexual predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee shall,
within 3 days after beginning school or employment in this State,
register in person and provide accurate information as required by the Illinois
State Police. Such information will include current place of
employment, school attended, and address in state of residence. A sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 shall provide all Internet protocol (IP) addresses in his or her residence, registered in his or her name, accessible at his or her place of employment, or otherwise under his or her control or custody. The out-of-state student or out-of-state employee shall register:
The registration fees shall only apply to the municipality or county of primary registration, and not to campus registration.
The out-of-state student or out-of-state employee shall provide accurate
information as required by the Illinois State Police. That information
shall include the out-of-state student's current place of school attendance or
the out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex offenders or sexual predators in accordance with subsections (a) or (a-5) of this Section shall forward to the Attorney General a copy of sex offender registration forms from persons convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, including periodic and annual registrations under Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act, or sexual
predator, regardless of any initial,
prior, or other registration, shall, within 3 days of beginning school,
or establishing a
residence, place of employment, or temporary domicile in
any county, register in person as set forth in subsection (a)
or (a-5).
(c) The registration for any person required to register under this
Article shall be as follows:
(d) Within 3 days after obtaining or changing employment and, if employed
on January 1, 2000, within 5 days after that date, a person required to
register under this Section must report, in person to the law
enforcement agency having jurisdiction, the business name and address where he
or she is employed. If the person has multiple businesses or work locations,
every business and work location must be reported to the law enforcement agency
having jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
(730 ILCS 150/3-5)
Sec. 3-5. Application of Act to adjudicated juvenile delinquents.
(a) In all cases involving an adjudicated juvenile
delinquent who meets the definition of sex offender as set
forth in paragraph (5) of subsection (A) of Section 2 of this
Act, the court shall order the minor to register as a sex offender.
(b) Once an adjudicated juvenile delinquent is ordered to
register as a sex offender, the adjudicated juvenile delinquent
shall be subject to the registration requirements set forth in
Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
registration.
(c) For a minor adjudicated delinquent for an offense which, if charged as an adult, would be a felony, no less than 5 years after registration ordered pursuant to subsection (a) of this Section, the minor may petition for the termination of the term of registration. For a minor adjudicated delinquent for an offense which, if charged as an adult, would be a misdemeanor, no less than 2 years after registration ordered pursuant to subsection (a) of this Section, the minor may petition for termination of the term of registration.
(d) The court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon the factors set forth in subsection (e).
Notwithstanding any other provisions of this Act to the contrary, no registrant whose registration has been terminated under this Section shall be required to register under the provisions of this Act for the offense or offenses which were the subject of the successful petition for termination of registration. This exemption shall apply only to those offenses which were the subject of the successful petition for termination of registration, and shall not apply to any other or subsequent offenses requiring registration under this Act.
(e) To determine whether a registrant poses a risk
to the community as required by subsection (d), the court shall
consider the following factors:
(f) At the hearing set forth in subsections (c) and (d), a
registrant shall be represented by counsel and may present a
risk assessment conducted by an evaluator who is licensed under the Sex Offender Evaluation and Treatment Provider Act.
(g) After a registrant completes the term of his or her
registration, his or her name, address, and all other
identifying information shall be removed from all State and
local registries.
(h) This Section applies retroactively to cases in which
adjudicated juvenile delinquents who registered or were
required to register before the effective date of this
amendatory Act of the 95th General Assembly. On or after the
effective date of this amendatory Act of the 95th General
Assembly, a person adjudicated delinquent before the effective
date of this amendatory Act of the 95th General Assembly may
request a hearing regarding status of registration by filing a Petition Requesting Registration Status with the clerk of the court. Upon receipt of the Petition Requesting Registration
Status, the clerk of the court shall provide notice to the
parties and set the Petition for hearing pursuant to
subsections (c) through (e) of this Section.
(i) This Section does not apply to minors prosecuted under
the criminal laws as adults.
(Source: P.A. 97-578, eff. 1-1-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098).)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender, as defined in Section 2 of this Act,
or sexual predator from Department of
Corrections
facility or other penal institution; duties of
official in charge. Any sex offender, as defined in Section 2 of this Act,
or sexual predator, as defined by this
Article, who
is discharged, paroled or released from a Department of
Corrections or Department of Juvenile Justice facility, a facility where such person was placed by the
Department of Corrections or Department of Juvenile Justice or another penal institution, and
whose liability for
registration has not terminated under Section 7 shall, prior to discharge,
parole or release from the facility or institution, be informed of his or her
duty to register in person within 3 days of release by the
facility or institution in which he or she was confined.
The facility or institution shall also inform any person who must register
that if he or she establishes a residence outside of the State of Illinois,
is employed outside of the State of Illinois, or attends school outside of
the
State of Illinois,
he
or she must register in the new state within 3 days
after establishing
the
residence, beginning employment, or beginning school.
The facility shall require the person to read and sign such form as may
be required by the Illinois State Police stating that the duty to
register and the procedure for registration has been explained to him or her
and that he or she understands the duty to register and the procedure for
registration. The facility shall further advise the person in writing that the
failure to register or other violation of this Article shall result in
revocation of parole, aftercare release, mandatory supervised release or conditional release.
The facility shall obtain information about where the
person expects to reside, work, and attend school upon
his or her discharge, parole or release and shall report the information to the
Illinois State Police. The facility shall give one copy of the form
to the person and shall send one copy to each of the law enforcement agencies
having
jurisdiction where the person expects to reside, work, and attend school
upon his or her discharge,
parole or release and retain one copy for the files.
Electronic data files which includes all notification form information and
photographs of sex offenders being released from an Illinois Department of
Corrections or Illinois Department of Juvenile Justice facility will be shared on a regular basis as determined between
the Illinois State Police, the Department of Corrections, and Department of Juvenile Justice.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender, as defined in Section 2 of this Act, or
sexual predator; duties of the Court.
Any sex
offender, as defined in Section 2 of this Act, or sexual predator, as
defined by this Article, who is released on
probation or
discharged upon payment of a fine because of the commission of one of the
offenses defined in subsection (B) of Section 2 of this Article, shall, prior
to such release be informed of his or her duty to register under this Article
by the Court in which he or she was convicted. The Court shall also inform
any person who must register that if he or she establishes a residence
outside of the State of Illinois,
is employed outside of the State of Illinois, or attends school outside of
the
State of Illinois,
he or she must register in the new state
within 3 days after establishing the residence, beginning employment, or
beginning school. The Court shall require
the person to read and sign such form as may be required by the Illinois State Police stating that the duty to register and the procedure for
registration has been explained to him or her and that he or she understands
the duty to register and the procedure for registration. The Court shall
further advise the person in writing that the failure to register or other
violation of this Article shall result in
probation revocation.
The Court shall obtain information about
where the person expects to reside, work, and attend school upon his or
her release, and shall report the
information to the Illinois State Police. The Court shall
give one copy of
the form to the person and retain the original in the court records. The
Illinois State Police shall notify the law enforcement
agencies having
jurisdiction where the person expects to reside, work and attend school
upon his or her release.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/5-5)
Sec. 5-5. Discharge of sex offender
or sexual predator from a hospital
or other treatment
facility; duties of the official in charge.
Any sex offender, as defined in Section 2 of this Act, or sexual
predator, as defined in this Article, who is
discharged or released
from a hospital or other treatment facility where he or she was confined shall
be informed by the hospital
or treatment facility in which
he or she was confined, prior to discharge or
release from the hospital or treatment facility, of his or her duty
to register under this Article.
The facility shall require the person to read and sign such form as may be
required by the Illinois State Police stating that the duty to register
and
the procedure for registration has been explained to him or her and that he or
she understands the duty to register and the procedure for registration. The
facility shall give one copy of the form to the person, retain one copy for
their records, and forward the original to the Illinois State Police. The
facility shall obtain information about where the person
expects to reside, work, and attend school upon his
or her discharge, parole, or release and shall report the information to the
Illinois State Police within 3 days.
The facility or institution shall also inform any person who must register
that if he or she establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school outside of the
State of Illinois, he or she must register in the new state within 3 days
after establishing the residence, beginning school, or beginning employment.
The Illinois State Police shall notify the
law enforcement agencies
having jurisdiction where the person expects to reside, work, and attend
school upon his or her
release.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/5-7)
Sec. 5-7. Notification and release or discharge of sex offender or sexual predator upon conviction for a felony offense committed after July 1, 2011. A person with a duty to register under paragraph (2.1) of subsection (c) of Section 3, who is released on probation or conditional discharge for conviction on a felony offense committed on or after July 1, 2011, shall, prior to release be notified of his or her duty to register as set forth in Section 5 of this Act. A person with a duty to register under paragraph (2.1) of subsection (c) of Section 3 who is discharged, paroled, or released from a Department of Corrections facility or other penal institution shall be notified of his or her duty to register as set forth in Section 4 of this Act. Any other person with a duty to register under paragraph (2.1) of subsection (c) of Section 3, who is unable to comply with the registration requirements because he or she is otherwise confined or institutionalized shall register in person within 3 days after release or discharge.
(Source: P.A. 97-578, eff. 1-1-12.)
(730 ILCS 150/5-10)
Sec. 5-10. Nonforwardable verification letters. The Illinois State Police shall mail a quarterly nonforwardable verification
letter to each registered person who has been
adjudicated to be sexually dangerous or is a sexually violent person and is
later released, or found to be no
longer sexually dangerous or no longer a sexually violent person and
discharged,
beginning 90 days from the date
of his or her last registration. To any other person registered under this
Article, the
Illinois State Police shall mail
an annual
nonforwardable verification letter, beginning one year from the date of his or
her last registration.
A person required to register under this
Article who is mailed a verification letter shall complete, sign, and return
the enclosed
verification form to the Illinois State Police postmarked within 10 days
after the mailing date of the letter. A person's failure to return the
verification form to
the Illinois State Police within 10 days after the mailing date of the
letter shall be considered a violation of this Article.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/6)
Sec. 6. Duty to report; change of address, school, or employment; duty
to inform.
A person who has been adjudicated to be sexually dangerous or is a sexually
violent person and is later released, or found to be no longer sexually
dangerous or no longer a sexually violent person and discharged, or convicted of a violation of this Act after July 1, 2005, shall report in
person to the law enforcement agency with whom he or she last registered no
later than 90 days after the date of his or her last registration and every 90
days thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year. Such sexually dangerous or sexually
violent person must report all new or changed e-mail addresses, all new or changed instant messaging identities, all new or changed chat room identities, and all other new or changed Internet communications identities that the sexually dangerous or sexually
violent person uses or plans to use, all new or changed Uniform Resource Locators (URLs) registered or used by the sexually dangerous or sexually
violent person, and all new or changed blogs and other Internet sites maintained by the sexually dangerous or sexually
violent person or to which the sexually dangerous or sexually
violent person has uploaded any content or posted any messages or information. Any person who lacks a fixed residence must report weekly, in person, to the appropriate law enforcement agency where the sex offender is located. Any other person who is required to register under this
Article shall report in person to the appropriate law enforcement agency with
whom he or she last registered within one year from the date of last
registration and every year thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year. If any person required to register under this Article lacks a fixed residence or temporary domicile, he or she must notify, in person, the agency of jurisdiction of his or her last known address within 3 days after ceasing to have a fixed residence and if the offender leaves the last jurisdiction of residence, he or she, must within 3 days after leaving register in person with the new agency of jurisdiction. If any other person required to register
under this Article changes his or her residence address, place of
employment,
telephone number, cellular telephone number, or school, he or she shall report in
person, to the law
enforcement agency
with whom he or she last registered, his or her new address, change in
employment, telephone number, cellular telephone number, or school, all new or changed e-mail addresses, all new or changed instant messaging identities, all new or changed chat room identities, and all other new or changed Internet communications identities that the sex offender uses or plans to use, all new or changed Uniform Resource Locators (URLs) registered or used by the sex offender, and all new or changed blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information, and register, in person, with the appropriate law enforcement
agency within the
time period specified in Section 3. If the sex offender is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, the sex offender shall within 3 days after beginning to reside in a household with a child under 18 years of age who is not his or her own child, provided that his or her own child is not the victim of the sex offense, report that information to the registering law enforcement agency. The law enforcement agency shall, within 3
days of the reporting in person by the person required to register under this Article, notify the Illinois State Police of the new place of residence, change in
employment, telephone number, cellular telephone number, or school.
If any person required to register under this Article intends to establish a
residence or employment outside of the State of Illinois, at least 10 days
before establishing that residence or employment, he or she shall report in person to the law enforcement agency with which he or she last registered of his
or her out-of-state intended residence or employment. The law enforcement agency with
which such person last registered shall, within 3 days after the reporting in person of the person required to register under this Article of an address or
employment change, notify the Illinois State Police. The Illinois State Police shall forward such information to the out-of-state law enforcement
agency having jurisdiction in the form and manner prescribed by the
Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/6-5)
Sec. 6-5. Out-of-State employee or student; duty to report change. Every out-of-state student or out-of-state employee must notify the agency
having jurisdiction of any change of employment or change of educational
status,
in writing, within 3 days of the change. The law enforcement agency shall,
within 3 days after receiving the notice, enter the appropriate changes into
LEADS.
(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been adjudicated to
be
sexually dangerous and is later released or found to be no longer sexually
dangerous and discharged, shall register for the period of his or her natural
life.
A sexually violent person or sexual predator shall register for the period of
his or her natural life
after conviction or adjudication if not confined to a penal institution,
hospital, or other institution or facility, and if confined, for
the period of his or her natural life after parole, discharge, or release from
any such facility.
A person who becomes subject to registration under paragraph (2.1) of subsection (c) of Section 3 of this Article who has previously been subject to registration under this Article shall register for the period currently required for the offense for which the person was previously registered if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the same period after parole, discharge, or release from any such facility. Except as otherwise provided in this Section, a person who becomes subject to registration under this Article who has previously been subject to registration under this Article or under the Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions shall register for the period of his or her natural life if not confined to a penal institution,
hospital, or other institution or facility, and if confined, for
the period of his or her natural life after parole, discharge, or release from
any such facility. Any other person who is required to register
under this Article shall be required to register for a period of 10 years after
conviction or adjudication if not confined to a penal 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. A sex offender who is
allowed to leave a county, State, or federal facility for the purposes of work
release, education, or overnight visitations shall be required
to register within 3 days of beginning such a program. 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 and if confined, at the expiration of 10 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 this Article.
Reconfinement due to a 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. Reconfinement due to a violation of parole, a conviction reviving registration, or other circumstances that do not relate to the original conviction or adjudication shall toll the running of the balance of the 10-year period of registration, which shall not commence running until after final parole, discharge, or release. The Director of the Illinois State Police, consistent with administrative rules, shall
extend for 10 years the registration period of any sex offender, as defined
in Section 2 of this Act, who fails to
comply with the provisions of this Article. The registration period for any sex offender who fails to comply with any provision of the Act shall extend the period of registration by 10 years beginning from the first date of registration after the violation.
If the registration period is extended, the Illinois State Police shall send a registered letter to the law enforcement agency where the sex offender resides within 3 days after the extension of the registration period. The sex offender shall report to that law enforcement agency and sign for that letter. One copy of that letter shall be kept on file with the law enforcement agency of the jurisdiction where the sex offender resides and one copy shall be returned to the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. Registration and DNA submission requirements.
(a) Registration. Registration as required by this
Article shall consist of a statement in writing signed by the person giving the
information that is required by the Illinois State Police, which may
include the fingerprints and must include a current photograph of the person, to be updated annually. If the sex offender is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, he or she shall sign a statement that he or she understands that according to Illinois law as a child sex offender he or she may not reside within 500 feet of a school, park, or playground. The offender may also not reside within 500 feet of a facility providing services directed exclusively toward persons under 18 years of age unless the sex offender meets specified exemptions. The
registration
information must include whether the person is a sex offender as
defined
in the Sex Offender Community Notification
Law. Within 3
days, the
registering law enforcement agency shall forward any
required information to the Illinois State Police. The registering
law enforcement agency shall
enter the information into the Law Enforcement Agencies Data System (LEADS) as
provided in Sections 6 and 7 of the Intergovernmental Missing Child Recovery
Act of 1984.
(b) DNA submission. Every person registering as a sex offender pursuant to this Act, regardless of the date of conviction or the date of initial registration who is required to submit specimens of blood, saliva, or tissue for DNA analysis as required by subsection (a) of Section 5-4-3 of the Unified Code of Corrections shall submit the specimens as required by that Section. Registered sex offenders who have previously submitted a DNA specimen which has been uploaded to the Illinois DNA database shall not be required to submit an additional specimen pursuant to this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/8-5)
Sec. 8-5. Verification requirements.
(a) Address verification. The agency having
jurisdiction
shall verify the
address of sex offenders, as defined in Section 2 of this Act, or sexual
predators required to register with their
agency at least once per year. The verification must be documented in
LEADS in the form and manner required by the Illinois State Police.
(a-5) Internet Protocol address verification. The agency having jurisdiction may verify the Internet protocol (IP) address of sex offenders, as defined in Section 2 of this Act, who are required to register with their agency under Section 3 of this Act. A copy of any such verification must be sent to the Attorney General for entrance in the Illinois Cyber-crimes Location Database pursuant to Section 5-4-3.2 of the Unified Code of Corrections.
(b) Registration verification. The supervising officer or aftercare specialist, shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility or other penal institution, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, aftercare release, or mandatory supervised release who fails to comply with the requirements of this Act.
(c) In an effort to ensure that sexual predators and sex offenders who fail to respond to address-verification attempts or who otherwise abscond from registration are located in a timely manner, the Illinois State Police shall share information with local law enforcement agencies. The Department shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of any sexual predator or sex offender who fails to respond to address-verification
attempts or who otherwise absconds from registration. The Department shall review and analyze all available information concerning any such predator or offender who fails to respond to address-verification attempts or who otherwise absconds from registration and provide the information to local law enforcement agencies in order to assist the agencies in locating and apprehending the sexual predator or sex offender.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/9) (from Ch. 38, par. 229)
Sec. 9. Public inspection of registration data. Except as
provided in the Sex Offender Community
Notification Law,
the statements or any other information required by this Article shall not be
open to inspection by the public, or by any person other than by a law
enforcement officer or other individual as may be authorized by law and shall
include law enforcement agencies of this State, any other state, or of the
federal government. Similar information may be requested from any law
enforcement agency of another state or of the federal government for purposes
of this Act. It is a Class B misdemeanor to permit the unauthorized release of
any information required by this Article.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty.
(a) Any person who is required to register under this
Article who violates any of the provisions of this Article and any person
who is required to register under this Article who seeks to change his or her
name under Article XXI of the Code of Civil Procedure is guilty of a Class 3
felony.
Any person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony. Any person who is required to register under this Article who
knowingly or willfully gives material information required by this Article that
is false is guilty of a Class 3 felony.
Any person convicted of a violation of any provision of this Article
shall, in addition to any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county jail. The court shall
impose a mandatory minimum fine of $500 for failure to comply with any
provision of this Article. These fines shall be deposited in the Offender
Registration Fund. Any sex offender, as defined in Section 2 of this Act,
or sexual predator who violates any
provision of this Article may be arrested and
tried in any Illinois county where the sex
offender can be located. The local police department or sheriff's office is not required to determine whether the person is living within its jurisdiction.
(b) Any person, not covered by privilege under Part 8 of Article VIII of the Code of Civil Procedure or the Illinois Supreme Court's Rules of Professional Conduct, who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this Article is guilty of a Class 3 felony if he or she:
(c) Subsection (b) does not apply if the sexual predator is incarcerated in or is in the custody of a State correctional facility, a private correctional facility, a county or municipal jail, a State mental health facility or a State treatment and detention facility, or a federal correctional facility.
(d) Subsections (a) and (b) do not apply if the sex offender accurately registered his or her Internet protocol address under this Act, and the address subsequently changed without his or her knowledge or intent.
(Source: P.A. 101-571, eff. 8-23-19.)
(730 ILCS 150/10.9)
Sec. 10.9.
Severability.
If a provision or application of this Article is
held to be invalid with respect to any person or class of persons, that
invalidity does not affect other persons or classes of persons whose
registration obligations can be given effect without the invalid provision or
application. To this end an invalid provision or application of this Article
is declared to be severable.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/11)
Sec. 11. Offender Registration Fund. There is created the Offender Registration Fund (formerly known as the Sex
Offender Registration Fund). Moneys in the Fund shall be used to cover costs
incurred by the criminal justice system to administer this Article and the Murderer and Violent Offender Against Youth Registration Act, and for purposes as authorized under Section 5-9-1.15 of the Unified Code of Corrections. The Illinois
State Police shall establish and promulgate rules and procedures
regarding the administration of this Fund. Fifty percent of the moneys
in the Fund shall be allocated by the Department for sheriffs' offices and
police departments. The remaining moneys in the Fund received under this amendatory Act of the 101st General Assembly shall be allocated to the Illinois State Police for education and administration of the Act.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
(730 ILCS 150/12)
Sec. 12. Access to State of Illinois databases. The Department of State
Police
shall have access to State of Illinois databases containing
information that may help in the identification or location of persons required
to register under this Article, including, but not limited to, information obtained in the course of administering the Unemployment Insurance Act. Interagency agreements shall be implemented,
consistent with security and procedures established by the State agency and
consistent with the laws governing the confidentiality of the information in
the databases.
Information shall be used only for administration of this Article.
(Source: P.A. 94-911, eff. 6-23-06.)
Structure Illinois Compiled Statutes
730 ILCS 5/ - Unified Code of Corrections.
730 ILCS 105/ - Open Parole Hearings Act.
730 ILCS 110/ - Probation and Probation Officers Act.
730 ILCS 115/ - Probation Community Service Act.
730 ILCS 120/ - Probation Challenge Program Act.
730 ILCS 125/ - County Jail Act.
730 ILCS 130/ - County Jail Good Behavior Allowance Act.
730 ILCS 135/ - Illinois Prison Inspection Act.
730 ILCS 140/ - Private Correctional Facility Moratorium Act.
730 ILCS 141/ - Private Detention Facility Moratorium Act.
730 ILCS 145/ - Illinois Substance Abuse Treatment Program.
730 ILCS 148/ - Arsonist Registration Act.
730 ILCS 150/ - Sex Offender Registration Act.
730 ILCS 152/ - Sex Offender Community Notification Law.
730 ILCS 154/ - Murderer and Violent Offender Against Youth Registration Act.
730 ILCS 155/ - Prisoner Interchange Act.
730 ILCS 166/ - Drug Court Treatment Act.
730 ILCS 167/ - Veterans and Servicemembers Court Treatment Act.
730 ILCS 168/ - Mental Health Court Treatment Act.
730 ILCS 170/ - Neighborhood Restoration and Alternative Sentencing Job Training Act.
730 ILCS 175/ - Secure Residential Youth Care Facility Licensing Act.
730 ILCS 180/ - Methamphetamine Manufacturer Registry Act.
730 ILCS 185/ - Emergency Services Response Reimbursement for Criminal Convictions Act.
730 ILCS 190/ - Illinois Crime Reduction Act of 2009.
730 ILCS 195/ - Department of Juvenile Justice Mortality Review Team Act.