Ill. Admin. Code tit. 20 § 1280.30

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1280.30 - Procedures

a) Place of Confinement

1) A sex offender, prior to the release from a place of confinement, shall be notified by the place of confinement of the duty to register under the Act. The offender shall also be required to read and sign a completed Sex Offender Notification Form.

2) The place of confinement shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record and send a photograph of the offender to the Department.

3) The Illinois Department of Corrections (IDOC) will share with the Department, within 24 hours, electronic data files, including photographs, containing all sex offenders being released from IDOC facilities.

4) The hospital, other treatment facility, or place of confinement other than IDOC, shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record, and forward one copy to the Department within three days after the sex offender's release.

b) Court

1) The court will ensure a sex offender, released on probation or discharged upon payment of a fine as a result of a conviction for a sex offense or an attempted sex offense, shall be informed of the duty to register under the Act. The offender shall also be required to read and sign a completed Sex Offender Notification Form.

2) The court will ensure one copy of the completed Sex Offender Notification Form is given to the offender and the original is maintained in the court file.

3) The court will ensure the record of notification is entered into LEADS and a photograph is forwarded to the Department within three days after conviction.

c) Agency of Jurisdiction

1) The agency of jurisdiction will complete the Sex Offender Registration Form; ensure the offender reads and signs the form, provide one copy of the form to the offender, keep the original signed copy until the requirement to register has expired, and, within three days, enter registration information in the Law Enforcement Agencies Data System (LEADS); and forward a copy of the offender's photograph to the Department. Fingerprints will be obtained from the sex 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 sex offender registration.

2) The agency of jurisdiction shall review the current criminal history record of the offender. The agency shall confirm the offender's duty to register and the offender's registration information and determine if the offender qualifies as a Sex Offender. If the disposition is missing or the criminal history is incomplete, the agency 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 sex offenders 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 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 Act and this Part.

5) Agencies of jurisdiction shall verify the address of sex offenders required to register with their agency at least once a year. A record of the results of this verification shall be documented with a LEADS add-on.

6) Section 3(a)(1) of the Sex Offender Registration Act [730 ILCS 150/3(a)(1) ] requires that a sex offender or sexual predator required by the Act to register shall register with each agency of jurisdiction where the sex offender or sexual predator intends to reside, be temporarily (10 or more days per calendar year) domiciled, be employed or attend school. Registration of location of employment or school attendance shall be completed within 10 days after beginning employment or school. Except as provided by subsection (c)(7) of this Section, the sex offender or sexual predator is deemed to have met these registration requirements if the sex offender or sexual predator timely registers all residence, temporary domicile, employment and school attendance information with the agency or jurisdiction in which the registrant resides. 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 sex offender's or sexual predator's place of residence, that individual shall additionally register directly with the agency of jurisdiction in the location of the institution of higher education.

d) Change of Address

A sex offender, who changes residence address, shall within ten days after the change so inform, in writing, the last law enforcement agency with whom registered. Within three days after receiving notification, the law enforcement agency shall enter the notice of address change into LEADS.

1) A sex offender shall report any changes of employment or school status in writing or in person to the law enforcement jurisdiction of the sex offender's residence within 10 days after the change.

2) A sex offender attending or employed at an institution of higher education shall, in addition to the other requirements of this subsection (d), report any changes of employment or school status in person to the law enforcement jurisdiction of the institution of higher education within 10 days after the change if the institution of higher education is not located in the law enforcement jurisdiction of the sex offender's residence.

e) Registration Fees

The agency of jurisdiction shall collect a $10 initial registration fee and a $5 annual renewal fee from sex offenders. The agency can waive the fee if the sex offender is indigent or otherwise unable to pay the registration fee. All registration fees shall be retained by the registering agency and used for official purposes only. Appropriate records of receipts and expenditures should be maintained by the registering agency. Fees shall not be collected for reporting employment, school, or institution of higher education changes other than as may be required for annual registration.

f) Notification of Sex Offenders Moving to Illinois from Other States or Countries; Sex Offenders Who Were Convicted or Adjudicated in Illinois and Were Released from Confinement Prior to January 1, 1996 or Who Were Convicted and Sentenced to Probation Prior to January 1, 1996. Any law enforcement agency can notify a sex offender to register. Documentation of this notification may include, but shall not be limited to, a LEADS add-on, Notification Form, local field or investigative report, etc.

g) Registration of Juveniles

The parent, legal guardian, probation or parole supervisor, or other court-appointed custodian shall accompany juveniles to the agency having jurisdiction for the purpose of registering as a sex offender.

Ill. Admin. Code tit. 20, § 1280.30

Amended at 27 Ill. Reg. 16141, effective September 30, 2003