AUTHORITY: Implementing the Sex Offender and Child Murderer Community Notification Law [730 ILCS 152] and authorized by Section 2605-35 of the Civil Administrative Code of Illinois [20 ILCS 2605/2605-35(a)(8)].

SOURCE: Adopted at 20 Ill. Reg. 8037, effective June 1, 1996; amended at 24 Ill. Reg. 9073, effective June 19, 2000; amended at 27 Ill. Reg. 16152, effective September 30, 2003.

SUBPART A: PROMULGATION

 

Section 1282.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for providing the names, addresses and offenses of sex offenders to the community.

 

(Source:  Amended at 24 Ill. Reg. 9073, effective June 19, 2000)

 

Section 1282.20  Definitions

 

a)         Unless specified otherwise, all terms shall have the meanings set forth in the Sex Offender and Child Murderer Community Notification Law.

 

b)         For purposes of these rules, the following definitions apply:

 

            "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.  This term includes licensed child care facilities and child care facilities for which applications for license are being processed by the Department of Children and Family Services.

 

            "Department" means the Illinois Department of State Police.

 

            "Institution of higher education" means an Illinois institution legally constituted to offer degree and instruction post secondary education.

 

            "Jurisdiction" means law enforcement jurisdiction as described in the definition of "law enforcement agency having jurisdiction" in Section 105 of the Sex Offender Registration Act.

 

            "Law" means the Sex Offender and Child Murderer Community Notification Law [730 ILCS 152].

 

            "Point of contact" means an individual identified by an agency or other entity as the person responsible for accepting and issuing communications relating to the implementation of this Part.

 

            "Registry" means data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Act.  This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

 

            "Scheduled notifications" means the first two weeks of February, May, August and November.

 

            "Schools" means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school which 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 which are organized under a single controlling administrative entity, the controlling administrative entity of that group of non-public schools.

 

            "Sex offender" means the same as the definition found in Section 2(A) of the Sex Offender Registration Act [730 ILCS 150/2(A)].

 

            "Sexual predator" means the same as the definition found in Section 2(E) of the Sex Offender Registration Act [730 ILCS 150/2(E)].  

 

            "Victim" means the individual subjected to the particular offense for which the perpetrator acquired the status of a sex offender.  This term also includes the individual's parent and legal guardian.

 

(Source:  Amended at 27 Ill. Reg. 16152, effective September 30, 2003)

SUBPART B: OPERATIONS

 

Section 1282.30  Procedures

 

a)         State Board of Education

 

1)         The State Board of Education will provide to the Department an accurate listing of addresses and points of contact for all schools.

 

2)         The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.

 

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

 

b)         Department of Children and Family Services

 

1)         The Department of Children and Family Services will provide to the Department a listing of addresses and points of contact for all child care facilities.

 

2)         The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.

 

3)         The Department of Children and Family Services will appoint a point of contact to coordinate notification activities with the Department.

 

            c)         State Board of Higher Education

 

1)         The State Board of Higher Education will provide to the Department an accurate listing of addresses and points of contact for all institutions of higher education.

 

2)         The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.

 

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

 

d)         Victim Notification

 

1)         The victim may request automatic notification of the change of address of the associated sex offender.

 

2)         In order to obtain automatic notification, the victim must make a request in writing to the Department which must include the full name and date of birth of the sex offender or the full name, date of conviction and county of conviction of the sex offender.

 

e)         Law Enforcement Agency Having Jurisdiction

 

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

 

2)         Agencies shall provide the name, address, date of birth and offense or adjudication of sex offender required to register to any individual as may be authorized by law who requests access to the registry.  Agencies have the discretion to provide any additional information contained in the registry, which will help identify the sex offender, to any individual as may be authorized by law.  Such disclosure shall not include any information which would help identify the victim.

 

3)         A point of contact will be identified to serve as a liaison with schools, child care facilities, and institutions of higher education.  Agencies will provide the name and telephone number of their point of contact to all child care facilities, schools, and institutions of higher education within their jurisdictions.  Schools, child care facilities, and institutions of higher education 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 sex offender information.

 

5)         Agencies 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, institutions of higher education, or other government agencies or for discretionary release of information.

 

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

 

7)         Law enforcement agencies having jurisdiction can establish agreements with other law enforcement agencies having jurisdiction to facilitate the discharge of their responsibilities under the Law and this Part.  These agreements may delegate to another agency tasks necessary to accomplish an agency'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 shall be responsible to ensure its individual compliance with the Law and this Part.

 

8)         Law enforcement agencies having jurisdiction have the discretion to place sex offender information, including photographs, on the Internet or in other media. Law enforcement agencies having jurisdiction shall have the discretion to release information regarding employment, school, institution of higher education, and juvenile information only when a risk to the public exists.  Adjudicated juvenile information will not be placed on the Internet.

 

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

 

f)         Illinois State Police

 

1)         The Department will provide a listing of all schools, child care facilities, and institutions of higher education 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 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 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 sex offenders.

 

3)         The Department will confer with the State Board of Education, the Department of Children and Family Services, and the State 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.

 

g)         Requirements

 

1)         Confidentiality

            Information regarding an adjudicated juvenile delinquent sex offender shall not be available to the public except that information may be provided to a person when that person's safety may be compromised for some reason related to the juvenile sex offender if so determined by the Department or any law enforcement agency.

 

2)         Sex Offender Information

            The name, address, date of birth and offense of the sex offender will be provided to all persons or entities receiving information from the registry pursuant to this Part.  General sex offender information can be obtained on the Illinois State Police Website at www.isp.state.il.us.  Law enforcement agencies have the discretion to provide any additional information contained in the registry, including photographs, which will help identify the sex offender.  Information which would help identify the victim may not be disclosed.

 

3)         Registration and Notification Period

            Sex offenders are required to register for 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility.  If confined, sex offenders are required to register for 10 years after final parole, discharge or release from any such facility. Sexual predators, sexually dangerous persons, and sexually violent persons are required to register for the period of their natural lives. Notification requirements with respect to a particular sex offender expire when that individual is no longer required to register.

 

4)         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 those commonly described as the "Internet", may be used when technically feasible.

 

h)         Public Access

 

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 which would help identify the victim, on any sex offender to any individual or entity likely to encounter the offender.  However, adjudicated juvenile sex offender information shall only be disseminated when related to personal safety.

 

2)         Public Inspection

            Any individual or entity shall, upon request to the local law enforcement agency having jurisdiction, be provided an opportunity by that agency to inspect a listing of all names, addresses, dates of birth and offenses or adjudications of sex offenders required to register or registered with that agency. The agency has the discretion to provide any additional information contained in the registry, including photographs but excluding information which would help identify the victim, for the purposes of public inspection.  The agency has the discretion to provide the requester with the list of all sex offenders required to register within the county, or in any other Illinois county.  The agency may either allow the requester to inspect the list and take notes, as appropriate, or provide a copy of the list to the requester.  Secondary dissemination of sex offender information is not prohibited.  However, adjudicated juvenile sex offender information shall only be disseminated when related to personal safety. 

 

(Source:  Amended at 27 Ill. Reg. 16152, effective September 30, 2003)