Ill. Admin. Code tit. 20 § 1283.60

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1283.60 - Extension of Registration Period

a) Extension

Whenever a murderer or violent offender against youth fails to register for the period of time as required by Section 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), the Director shall extend for 10 years the registration period of any sex offender.

b) Notice

1) The Department shall send a registered letter to the law enforcement agency where the murderer or violent offender against youth last registered within 3 days after the extension of the registration period.

2) The murderer or violent offender against youth shall obtain a copy of the letter from the law enforcement agency where the murderer or violent offender against youth last registered.

3) When a murderer or violent offender against youth signs for the letter notifying them of the extension, the law enforcement agency shall ensure the date received is indicated with the signature, and then shall retain one copy and return one to the Department.

c) Petition for Review

1) Upon receipt of notice that the registration period has been extended pursuant to Section 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), the murderer or violent offender against youth shall have 10 business days to petition the Department to review the circumstances surrounding the extension of the registration.

2) The murderer or violent offender against youth shall complete any forms prescribed by the Department and provide any additional documentation (e.g., hospital release paperwork, rehab release paperwork, jail release paperwork, family death certificate or obituary, etc.) requested that is relevant and necessary to investigate the circumstances surrounding the extension of the registration.

3) As the result of such review:

a) If there is sufficient information to determine whether substantial justice has been done, the Director shall issue a final administrative decision regarding the extension of the registration;

b) If there is insufficient evidence to determine whether substantial justice has been done, the Director shall provide notice to the petitioner that they may request a hearing before an administrative law judge.

i) The petitioner shall request an administrative hearing within 30 days from the date notice is sent; and

ii) The request for an administrative hearing must be in writing on forms made available by the Department through its website.

d) Administrative Hearing

1) The administrative law judge for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The administrative law judge will be disqualified for bias or conflict of interest.

2) The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100 /Art. 10] and as ordered by the administrative law judge (See 20 Ill. Adm. Code 1200.30).

3) Upon conclusion of the hearing, the administrative law judge shall issue a recommended decision within 90 days.

4) The Director shall be provided with a copy of the entire record, including but not limited to the recommendation of the administrative law judge and shall issue a final administrative decision to the Complainant regarding the extension of the registration.

e) Decisions rendered under this process are subject to the Administrative Review Law [50 ILCS 100/10-50].

Ill. Admin. Code tit. 20, § 1283.60

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