PART 1284 METHAMPHETAMINE MANUFACTURER REGISTRY ACT : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1284 METHAMPHETAMINE MANUFACTURER REGISTRY ACT


AUTHORITY: Implementing and authorized by Section 10 of the Methamphetamine Manufacturer Registry Act [730 ILCS 180/10] and authorized by Section 2605-15 of the Civil Administrative Code of Illinois [20 ILCS 2605/2605-15].

SOURCE: Adopted at 31 Ill. Reg.5653, effective March 23, 2007.

 

Section 1284.10  Introduction

 

The purpose of this Part is to provide requirements and procedures for the registration of persons convicted of a violation of Section 15 of the Methamphetamine Control and Community Protection Act [720 ILCS 646/15].

 

Section 1284.20  Definitions

 

"Department" means the Department of State Police.

 

"Offender" means a person who has been convicted of any violation of Section 15 of the Methamphetamine Control and Community Protection Act.

 

"Registry" means the Methamphetamine Manufacturer Database established and maintained by the Department of State Police for the purpose of identifying methamphetamine manufacturers and making that information available to law enforcement and the general public.

 

Section 1284.30  Procedures

 

a)         The following data shall be reported for inclusion in the registry:

           

1)         offender's name

 

2)         offender's date of birth

 

3)         offenses committed

 

4)         date of conviction

 

5)         county of conviction

 

b)         Accuracy of Data Included in the Registry

            The Department will ensure the registry accurately reflects the information provided on a timely basis by the circuit clerks and the Department of Corrections.  The registry will reflect changes such as the reversal of a conviction.  Names of offenders will be removed pursuant to a certified copy of a court order requiring the sealing or expungement of any records.

 

c)         Access to Data Contained in the Registry

The information contained in the registry will be available to law enforcement authorities and the general public.  The data can be accessed via the Internet through a hyperlink entitled "Methamphetamine Manufacturer Information" on the Department of State Police homepage.

 

            d)         Report of Data for Inclusion in the Registry

 

1)         On a monthly basis, as part of their normal disposition reporting process, the circuit clerk of each county shall forward a copy of the judgment for all persons convicted in the previous month of an offense of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15.

 

2)         As part of their normal information-sharing process, the Illinois Department of Corrections shall forward a list of all persons who are incarcerated or on mandatory supervised release for a conviction of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15.

 

e)         Removal of Data from the Registry

 

1)         The circuit clerk shall notify the Department of State Police of a reversal of a qualifying conviction for persons convicted of the offense of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15.  Upon receipt of such notification, and if there are no other qualifying convictions, the Department of State Police will remove the name of the person whose conviction has been reversed from the registry.  Removal will occur within 90 days after notification.

 

2)         Upon receipt of a certified copy of a court order requiring the sealing or expungement of a specific charge that qualified the individual for the registry, and if there are no other qualifying charges, the Department of State Police will remove the name of the person identified in the court order from the registry.