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1 | AN ACT concerning victim notification.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Rights of Crime Victims and Witnesses Act is | ||||||
5 | amended by changing Section 4.5 as follows:
| ||||||
6 | (725 ILCS 120/4.5)
| ||||||
7 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
8 | victims. To afford
crime victims their rights, law enforcement, | ||||||
9 | prosecutors, judges and
corrections will provide information, | ||||||
10 | as appropriate of the following
procedures:
| ||||||
11 | (a) At the request of the crime victim, law enforcement | ||||||
12 | authorities
investigating the case shall provide notice of the | ||||||
13 | status of the investigation,
except where the State's Attorney | ||||||
14 | determines that disclosure of such
information would | ||||||
15 | unreasonably interfere with the investigation, until such
time | ||||||
16 | as the alleged assailant is apprehended or the investigation is | ||||||
17 | closed.
| ||||||
18 | (b) The office of the State's Attorney:
| ||||||
19 | (1) shall provide notice of the filing of information, | ||||||
20 | the return of an
indictment by which a prosecution for any | ||||||
21 | violent crime is commenced, or the
filing of a petition to | ||||||
22 | adjudicate a minor as a delinquent for a violent
crime;
| ||||||
23 | (2) shall provide notice of the date, time, and place |
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| |||||||
1 | of trial;
| ||||||
2 | (3) or victim advocate personnel shall provide | ||||||
3 | information of social
services and financial assistance | ||||||
4 | available for victims of crime, including
information of | ||||||
5 | how to apply for these services and assistance;
| ||||||
6 | (4) shall assist in having any stolen or other personal | ||||||
7 | property held by
law enforcement authorities for | ||||||
8 | evidentiary or other purposes returned as
expeditiously as | ||||||
9 | possible, pursuant to the procedures set out in Section | ||||||
10 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
11 | (5) or victim advocate personnel shall provide | ||||||
12 | appropriate employer
intercession services to ensure that | ||||||
13 | employers of victims will cooperate with
the criminal | ||||||
14 | justice system in order to minimize an employee's loss of | ||||||
15 | pay and
other benefits resulting from court appearances;
| ||||||
16 | (6) shall provide information whenever possible, of a | ||||||
17 | secure waiting
area during court proceedings that does not | ||||||
18 | require victims to be in close
proximity to defendant or | ||||||
19 | juveniles accused of a violent crime, and their
families | ||||||
20 | and friends;
| ||||||
21 | (7) shall provide notice to the crime victim of the | ||||||
22 | right to have a
translator present at all court | ||||||
23 | proceedings;
| ||||||
24 | (8) in the case of the death of a person, which death | ||||||
25 | occurred in the same
transaction or occurrence in which | ||||||
26 | acts occurred for which a defendant is
charged with an |
| |||||||
| |||||||
1 | offense, shall notify the spouse, parent, child or sibling | ||||||
2 | of
the decedent of the date of the trial of the person or | ||||||
3 | persons allegedly
responsible for the death;
| ||||||
4 | (9) shall inform the victim of the right to have | ||||||
5 | present at all court
proceedings, subject to the rules of | ||||||
6 | evidence, an advocate or other support
person of the | ||||||
7 | victim's choice, and the right to retain an attorney, at | ||||||
8 | the
victim's own expense, who, upon written notice filed | ||||||
9 | with the clerk of the
court and State's Attorney, is to | ||||||
10 | receive copies of all notices, motions and
court orders | ||||||
11 | filed thereafter in the case, in the same manner as if the | ||||||
12 | victim
were a named party in the case; and
| ||||||
13 | (10) at the sentencing hearing shall make a good faith | ||||||
14 | attempt to explain
the minimum amount of time during which | ||||||
15 | the defendant may actually be
physically imprisoned. The | ||||||
16 | Office of the State's Attorney shall further notify
the | ||||||
17 | crime victim of the right to request from the Prisoner | ||||||
18 | Review Board
information concerning the release of the | ||||||
19 | defendant under subparagraph (d)(1)
of this Section; and
| ||||||
20 | (11) shall request restitution at sentencing and shall | ||||||
21 | consider
restitution in any plea negotiation, as provided | ||||||
22 | by law.
| ||||||
23 | (c) At the written request of the crime victim, the office | ||||||
24 | of the State's
Attorney shall:
| ||||||
25 | (1) provide notice a reasonable time in advance of the | ||||||
26 | following court
proceedings: preliminary hearing, any |
| |||||||
| |||||||
1 | hearing the effect of which may be the
release of defendant | ||||||
2 | from custody, or to alter the conditions of bond and the
| ||||||
3 | sentencing hearing. The crime victim shall also be notified | ||||||
4 | of the
cancellation of the court proceeding in sufficient | ||||||
5 | time, wherever possible, to
prevent an unnecessary | ||||||
6 | appearance in court;
| ||||||
7 | (2) provide notice within a reasonable time after | ||||||
8 | receipt of notice from
the custodian, of the release of the | ||||||
9 | defendant on bail or personal recognizance
or the release | ||||||
10 | from detention of a minor who has been detained for a | ||||||
11 | violent
crime;
| ||||||
12 | (3) explain in nontechnical language the details of any | ||||||
13 | plea or verdict of
a defendant, or any adjudication of a | ||||||
14 | juvenile as a delinquent for a violent
crime;
| ||||||
15 | (4) where practical, consult with the crime victim | ||||||
16 | before the Office of
the State's Attorney makes an offer of | ||||||
17 | a plea bargain to the defendant or
enters into negotiations | ||||||
18 | with the defendant concerning a possible plea
agreement, | ||||||
19 | and shall consider the written victim impact statement, if | ||||||
20 | prepared
prior to entering into a plea agreement;
| ||||||
21 | (5) provide notice of the ultimate disposition of the | ||||||
22 | cases arising from
an indictment or an information, or a | ||||||
23 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
24 | a violent crime;
| ||||||
25 | (6) provide notice of any appeal taken by the defendant | ||||||
26 | and information
on how to contact the appropriate agency |
| |||||||
| |||||||
1 | handling the appeal;
| ||||||
2 | (7) provide notice of any request for post-conviction | ||||||
3 | review filed by the
defendant under Article 122 of the Code | ||||||
4 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
5 | place of any hearing concerning the petition. Whenever
| ||||||
6 | possible, notice of the hearing shall be given in advance;
| ||||||
7 | (8) forward a copy of any statement presented under | ||||||
8 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
9 | the Board in making its determination
under subsection (b) | ||||||
10 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
11 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
12 | any other
concerned citizen, upon written request, of the | ||||||
13 | prisoner's release on parole,
mandatory supervised release, | ||||||
14 | electronic detention, work release, international transfer or | ||||||
15 | exchange, or by the
custodian of the discharge of any | ||||||
16 | individual who was adjudicated a delinquent
for a violent crime | ||||||
17 | from State custody and by the sheriff of the appropriate
county | ||||||
18 | of any such person's final discharge from county custody.
The | ||||||
19 | Prisoner Review Board, upon written request, shall provide to a | ||||||
20 | victim or
any other concerned citizen a recent photograph of | ||||||
21 | any person convicted of a
felony, upon his or her release from | ||||||
22 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
23 | inform a victim or any other
concerned citizen when feasible at | ||||||
24 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
25 | times and dates of such furlough. Upon written request by
the | ||||||
26 | victim or any other concerned citizen, the State's Attorney |
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| |||||||
1 | shall notify
the person once of the times and dates of release | ||||||
2 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
3 | shall be based on the most recent
information as to victim's or | ||||||
4 | other concerned citizen's residence or other
location | ||||||
5 | available to the notifying authority.
For purposes of this | ||||||
6 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
7 | relatives of the victim, friends of the victim, witnesses to | ||||||
8 | the
crime, or any other person associated with the victim or | ||||||
9 | prisoner.
| ||||||
10 | (2) When the defendant has been committed to the | ||||||
11 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
12 | any other
provision of the Unified Code of Corrections, the | ||||||
13 | victim may request to be
notified by the releasing | ||||||
14 | authority of the defendant's discharge from State
custody.
| ||||||
15 | (3) In the event of an escape from State custody, the | ||||||
16 | Department of
Corrections or the Department of Juvenile | ||||||
17 | Justice immediately shall notify the Prisoner Review Board | ||||||
18 | of the escape
and the Prisoner Review Board shall notify | ||||||
19 | the victim. The notification shall
be based upon the most | ||||||
20 | recent information as to the victim's residence or other
| ||||||
21 | location available to the Board. When no such information | ||||||
22 | is available, the
Board shall make all reasonable efforts | ||||||
23 | to obtain the information and make
the notification. When | ||||||
24 | the escapee is apprehended, the Department of
Corrections | ||||||
25 | or the Department of Juvenile Justice immediately shall | ||||||
26 | notify the Prisoner Review Board and the Board
shall notify |
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| |||||||
1 | the victim.
| ||||||
2 | (4) The victim of the crime for which the prisoner has | ||||||
3 | been sentenced
shall receive reasonable written notice not | ||||||
4 | less than 15 days prior to the
parole hearing and may | ||||||
5 | submit, in writing, on film, videotape or other
electronic | ||||||
6 | means or in the form of a recording or in person at the | ||||||
7 | parole
hearing
or if a victim of a violent crime, by | ||||||
8 | calling the
toll-free number established in subsection (f) | ||||||
9 | of this Section, information
for
consideration by the | ||||||
10 | Prisoner Review Board. The
victim shall be notified within | ||||||
11 | 7 days after the prisoner has been granted
parole and shall | ||||||
12 | be informed of the right to inspect the registry of parole
| ||||||
13 | decisions, established under subsection (g) of Section | ||||||
14 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
15 | this paragraph (4) are subject to the
Open Parole Hearings | ||||||
16 | Act.
| ||||||
17 | (5) If a statement is presented under Section 6, the | ||||||
18 | Prisoner Review Board
shall inform the victim of any order | ||||||
19 | of discharge entered by the Board pursuant
to Section 3-3-8 | ||||||
20 | of the Unified Code of Corrections.
| ||||||
21 | (6) At the written request of the victim of the crime | ||||||
22 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
23 | Board shall notify the victim of
the death of the prisoner | ||||||
24 | if the prisoner died while on parole or mandatory
| ||||||
25 | supervised release.
| ||||||
26 | (7) When a defendant who has been committed to the |
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1 | Department of
Corrections, the Department of Juvenile | ||||||
2 | Justice, or the Department of Human Services is released or | ||||||
3 | discharged and
subsequently committed to the Department of | ||||||
4 | Human Services as a sexually
violent person and the victim | ||||||
5 | had requested to be notified by the releasing
authority of | ||||||
6 | the defendant's discharge from State custody, the | ||||||
7 | releasing
authority shall provide to the Department of | ||||||
8 | Human Services such information
that would allow the | ||||||
9 | Department of Human Services to contact the victim.
| ||||||
10 | (8) When a defendant has been convicted of a sex | ||||||
11 | offense as defined in Section 2 of the Sex Offender | ||||||
12 | Registration Act and has been sentenced to the Department | ||||||
13 | of Corrections or the Department of Juvenile Justice, the | ||||||
14 | Prisoner Review Board shall notify the victim of the sex | ||||||
15 | offense of the prisoner's eligibility for release on | ||||||
16 | parole,
mandatory supervised release, electronic | ||||||
17 | detention, work release, international transfer or | ||||||
18 | exchange, or by the
custodian of the discharge of any | ||||||
19 | individual who was adjudicated a delinquent
for a sex | ||||||
20 | offense from State custody and by the sheriff of the | ||||||
21 | appropriate
county of any such person's final discharge | ||||||
22 | from county custody. The notification shall be made to the | ||||||
23 | victim at least 30 days, whenever possible, before release | ||||||
24 | of the sex offender. | ||||||
25 | (e) The officials named in this Section may satisfy some or | ||||||
26 | all of their
obligations to provide notices and other |
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| |||||||
1 | information through participation in a
statewide victim and | ||||||
2 | witness notification system established by the Attorney
| ||||||
3 | General under Section 8.5 of this Act.
| ||||||
4 | (f) To permit a victim of a violent crime to provide | ||||||
5 | information to the
Prisoner Review Board for consideration by | ||||||
6 | the
Board at a parole hearing of a person who committed the | ||||||
7 | crime against
the victim in accordance with clause (d)(4) of | ||||||
8 | this Section or at a proceeding
to determine the conditions of | ||||||
9 | mandatory supervised release of a person
sentenced to a | ||||||
10 | determinate sentence or at a hearing on revocation of mandatory
| ||||||
11 | supervised release of a person sentenced to a determinate | ||||||
12 | sentence, the Board
shall establish a toll-free number that may | ||||||
13 | be accessed by the victim of
a violent crime to present that | ||||||
14 | information to the Board.
| ||||||
15 | (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
| ||||||
16 | Section 10. The Sexually Violent Persons Commitment Act is | ||||||
17 | amended by changing Section 75 as follows:
| ||||||
18 | (725 ILCS 207/75)
| ||||||
19 | Sec. 75. Notice concerning conditional release,
discharge, | ||||||
20 | escape, death, or court-ordered change in the custody status of | ||||||
21 | a detainee or civilly committed sexually violent person.
| ||||||
22 | (a) As used in this Section, the term:
| ||||||
23 | (1) "Act of sexual violence" means an act or attempted | ||||||
24 | act
that is a basis for an allegation made in a petition |
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| |||||||
1 | under paragraph (b)(1) of
Section
15 of this Act.
| ||||||
2 | (2) "Member of the family" means spouse, child, | ||||||
3 | sibling,
parent, or legal guardian.
| ||||||
4 | (3) "Victim" means a person against whom an act of | ||||||
5 | sexual
violence has been committed.
| ||||||
6 | (b) If the court places a civilly committed sexually | ||||||
7 | violent person on conditional release under
Section 40 or 60 of | ||||||
8 | this Act or discharges a person under Section
65, or if a | ||||||
9 | detainee or civilly committed sexually violent person escapes, | ||||||
10 | dies, or is subject to any court-ordered change in custody | ||||||
11 | status of the detainee or sexually violent person, the | ||||||
12 | Department shall make a reasonable attempt, if he or she can be | ||||||
13 | found, to notify all of the following who have requested
| ||||||
14 | notification under this Act or under the Rights of Crime | ||||||
15 | Victims and Witnesses
Act:
| ||||||
16 | (1) Whichever of the following persons is appropriate | ||||||
17 | in
accordance with the provisions of subsection (a)(3):
| ||||||
18 | (A) The victim of the act of sexual violence.
| ||||||
19 | (B) An adult member of the victim's family, if the | ||||||
20 | victim
died as a result of the act of sexual violence.
| ||||||
21 | (C) The victim's parent or legal guardian, if the | ||||||
22 | victim
is younger than 18 years old.
| ||||||
23 | (2) The Department of Corrections or the Department of | ||||||
24 | Juvenile Justice.
| ||||||
25 | (c) The notice under subsection (b) of this Section shall
| ||||||
26 | inform the Department of Corrections or the Department of |
| |||||||
| |||||||
1 | Juvenile Justice and the person notified under
paragraph (b)(1) | ||||||
2 | of this Section of the name of
the person committed under this | ||||||
3 | Act and the date the person is
placed on conditional release, | ||||||
4 | discharged, or if a detainee or civilly committed sexually | ||||||
5 | violent person escapes, dies, or is subject to any | ||||||
6 | court-ordered change in the custody status of the detainee or | ||||||
7 | sexually violent person. The Department shall
send the notice, | ||||||
8 | postmarked at least 60 7 days before the date the
person | ||||||
9 | committed under this Act is placed on conditional release, | ||||||
10 | discharged, or if a detainee or civilly committed sexually | ||||||
11 | violent person escapes, dies, or is subject to any | ||||||
12 | court-ordered change in the custody status of the detainee or | ||||||
13 | sexually violent person, unless unusual circumstances do not | ||||||
14 | permit advance written notification, to the Department of | ||||||
15 | Corrections or the Department of Juvenile Justice and the | ||||||
16 | last-known
address of the person notified under paragraph
| ||||||
17 | (b)(1) of this Section.
| ||||||
18 | (d) The Department shall design and prepare cards for | ||||||
19 | persons
specified in paragraph (b)(1) of this Section to send | ||||||
20 | to the
Department. The cards shall have space for these persons | ||||||
21 | to
provide their names and addresses, the name of the person
| ||||||
22 | committed under this Act and any other information the | ||||||
23 | Department
determines is necessary. The Department shall | ||||||
24 | provide the cards,
without charge, to the Attorney General and | ||||||
25 | State's Attorneys.
The Attorney General and State's Attorneys | ||||||
26 | shall provide the
cards, without charge, to persons specified |
| |||||||
| |||||||
1 | in paragraph (b)(1)
of this Section. These persons may send | ||||||
2 | completed cards to the
Department. All records or portions of | ||||||
3 | records of the Department
that relate to mailing addresses of | ||||||
4 | these persons are not subject
to inspection or copying under | ||||||
5 | Section 3 of the Freedom of
Information Act.
| ||||||
6 | (Source: P.A. 93-885, eff. 8-6-04; 94-696, eff. 6-1-06 .)
| ||||||
7 | Section 15. The Sex Offender Community Notification Law is | ||||||
8 | amended by changing Section 120 as follows:
| ||||||
9 | (730 ILCS 152/120)
| ||||||
10 | (Text of Section after amendment by P.A. 95-640 ) | ||||||
11 | Sec. 120. Community notification of sex offenders.
| ||||||
12 | (a) The sheriff of the county, except Cook County, shall | ||||||
13 | disclose to the
following the name, address, date of birth, | ||||||
14 | place of employment, school
attended, e-mail addresses, | ||||||
15 | instant messaging identities, chat room identities, other | ||||||
16 | Internet communications identities, all Uniform Resource | ||||||
17 | Locators (URLs) registered or used by the sex offender, all | ||||||
18 | blogs and other Internet sites maintained by the sex offender | ||||||
19 | or to which the sex offender has uploaded any content or posted | ||||||
20 | any messages or information, and offense
or adjudication of all | ||||||
21 | sex offenders required to register under Section 3 of
the Sex | ||||||
22 | Offender Registration Act:
| ||||||
23 | (1) The boards of institutions of higher education or | ||||||
24 | other appropriate
administrative offices of each |
| |||||||
| |||||||
1 | non-public institution of higher education
located in the | ||||||
2 | county where the sex offender is required to register, | ||||||
3 | resides,
is employed, or is attending an institution of | ||||||
4 | higher education;
| ||||||
5 | (2) School boards of public school districts and the | ||||||
6 | principal or other
appropriate administrative officer of | ||||||
7 | each nonpublic school located in the
county where the sex | ||||||
8 | offender is required to register or is employed;
| ||||||
9 | (3) Child care facilities located in the county
where | ||||||
10 | the sex offender is required to register or is employed; | ||||||
11 | and
| ||||||
12 | (4) Libraries located in the
county where the sex | ||||||
13 | offender is required to register or is employed ;
. | ||||||
14 | (5)
(4) Public libraries located in the
county where | ||||||
15 | the sex offender is required to register or is employed; | ||||||
16 | (6)
(5) Public housing agencies located in the
county | ||||||
17 | where the sex offender is required to register or is | ||||||
18 | employed; | ||||||
19 | (7)
(6) The Illinois Department of Children and Family | ||||||
20 | Services; | ||||||
21 | (8)
(7) Social service agencies providing services to | ||||||
22 | minors located in the
county where the sex offender is | ||||||
23 | required to register or is employed; and | ||||||
24 | (9)
(8) Volunteer organizations providing services to | ||||||
25 | minors located in the
county where the sex offender is | ||||||
26 | required to register or is employed ; and . |
| |||||||
| |||||||
1 | (10) A victim of a sex offense residing in the county
| ||||||
2 | where the sex offender is required to register or is | ||||||
3 | employed, who is not otherwise required to be notified | ||||||
4 | under Section 4.5 of the Rights of Crime Victims and | ||||||
5 | Witnesses Act or Section 75 of the Sexually Violent Persons | ||||||
6 | Commitment Act. | ||||||
7 | (a-2) The sheriff of Cook County shall disclose to the | ||||||
8 | following the name,
address, date of birth, place of | ||||||
9 | employment, school attended, e-mail addresses, instant | ||||||
10 | messaging identities, chat room identities, other Internet | ||||||
11 | communications identities, all Uniform Resource Locators | ||||||
12 | (URLs) registered or used by the sex offender, all blogs and | ||||||
13 | other Internet sites maintained by the sex offender or to which | ||||||
14 | the sex offender has uploaded any content or posted any | ||||||
15 | messages or information, and offense
or
adjudication of
all sex | ||||||
16 | offenders required to register under Section 3 of the Sex | ||||||
17 | Offender
Registration Act:
| ||||||
18 | (1) School boards of public school districts and the | ||||||
19 | principal or other
appropriate administrative officer of | ||||||
20 | each nonpublic school located within the
region of Cook | ||||||
21 | County, as those public school districts and nonpublic | ||||||
22 | schools
are identified in LEADS, other than the City of | ||||||
23 | Chicago, where the sex offender
is required to register or | ||||||
24 | is employed;
| ||||||
25 | (2) Child care facilities located within the region of | ||||||
26 | Cook
County, as those child care facilities are identified |
| |||||||
| |||||||
1 | in LEADS, other than
the City of Chicago, where the sex | ||||||
2 | offender is required to register or is
employed;
| ||||||
3 | (3) The boards of institutions of higher education or | ||||||
4 | other appropriate
administrative offices of each | ||||||
5 | non-public institution of higher education
located in the | ||||||
6 | county, other than the City of Chicago, where the sex | ||||||
7 | offender
is required to register, resides, is employed, or | ||||||
8 | attending an institution
of
higher
education; and
| ||||||
9 | (4) Libraries located in the
county, other than the | ||||||
10 | City of Chicago, where the sex offender
is required to | ||||||
11 | register, resides, is employed, or is attending an | ||||||
12 | institution
of
higher
education ; . | ||||||
13 | (5)
(4) Public libraries located in the county, other | ||||||
14 | than the City of Chicago, where the sex offender
is | ||||||
15 | required to register, resides, is employed, or attending an | ||||||
16 | institution
of
higher
education; | ||||||
17 | (6)
(5) Public housing agencies located in the county, | ||||||
18 | other than the City of Chicago, where the sex offender
is | ||||||
19 | required to register, resides, is employed, or attending an | ||||||
20 | institution
of
higher
education; | ||||||
21 | (7)
(6) The Illinois Department of Children and Family | ||||||
22 | Services; | ||||||
23 | (8)
(7) Social service agencies providing services to | ||||||
24 | minors located in the county, other than the City of | ||||||
25 | Chicago, where the sex offender
is required to register, | ||||||
26 | resides, is employed, or attending an institution
of
higher
|
| |||||||
| |||||||
1 | education; and | ||||||
2 | (9)
(8) Volunteer organizations providing services to | ||||||
3 | minors located in the county, other than the City of | ||||||
4 | Chicago, where the sex offender
is required to register, | ||||||
5 | resides, is employed, or attending an institution
of
higher
| ||||||
6 | education ; and . | ||||||
7 | (10) A victim of a sex offense residing in the county, | ||||||
8 | other than the City of Chicago, where the sex offender
is | ||||||
9 | required to register, resides, is employed, or attends an | ||||||
10 | institution
of
higher
education, who is not otherwise | ||||||
11 | required to be notified under Section 4.5 of the Rights of | ||||||
12 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
13 | Sexually Violent Persons Commitment Act. | ||||||
14 | (a-3) The Chicago Police Department shall disclose to the | ||||||
15 | following the
name, address, date of birth, place of | ||||||
16 | employment, school attended, e-mail addresses, instant | ||||||
17 | messaging identities, chat room identities, other Internet | ||||||
18 | communications identities, all Uniform Resource Locators | ||||||
19 | (URLs) registered or used by the sex offender, all blogs and | ||||||
20 | other Internet sites maintained by the sex offender or to which | ||||||
21 | the sex offender has uploaded any content or posted any | ||||||
22 | messages or information, and
offense
or adjudication
of all sex | ||||||
23 | offenders required to register under Section 3 of the Sex | ||||||
24 | Offender
Registration Act:
| ||||||
25 | (1) School boards of public school districts and the | ||||||
26 | principal or other
appropriate administrative officer of |
| |||||||
| |||||||
1 | each nonpublic school located in the
police district where | ||||||
2 | the sex offender is required to register or is
employed if | ||||||
3 | the offender is required to register or is employed in the
| ||||||
4 | City of Chicago;
| ||||||
5 | (2) Child care facilities located in the police | ||||||
6 | district where the
sex offender is required to register or | ||||||
7 | is employed if the offender is
required to register or is | ||||||
8 | employed in the City of Chicago;
| ||||||
9 | (3) The boards of institutions of higher education or | ||||||
10 | other appropriate
administrative offices of each | ||||||
11 | non-public institution of higher education
located in the | ||||||
12 | police district where the sex offender is required to | ||||||
13 | register,
resides, is employed, or attending an | ||||||
14 | institution of higher education in the
City of
Chicago; and
| ||||||
15 | (4) Libraries located in the
police district where the | ||||||
16 | sex offender is required to register or is
employed if the | ||||||
17 | offender is required to register or is employed in the
City | ||||||
18 | of Chicago ; . | ||||||
19 | (5)
(4) Public libraries located in the police district | ||||||
20 | where the sex offender is required to register,
resides, is | ||||||
21 | employed, or attending an institution of higher education | ||||||
22 | in the
City of
Chicago; | ||||||
23 | (6)
(5) Public housing agencies located in the police | ||||||
24 | district where the sex offender is required to register,
| ||||||
25 | resides, is employed, or attending an institution of higher | ||||||
26 | education in the
City of
Chicago; |
| |||||||
| |||||||
1 | (7)
(6) The Illinois Department of Children and Family | ||||||
2 | Services; | ||||||
3 | (8)
(7) Social service agencies providing services to | ||||||
4 | minors located in the police district where the sex | ||||||
5 | offender is required to register,
resides, is employed, or | ||||||
6 | attending an institution of higher education in the
City of
| ||||||
7 | Chicago; and | ||||||
8 | (9)
(8) Volunteer organizations providing services to | ||||||
9 | minors located in the police district where the sex | ||||||
10 | offender is required to register,
resides, is employed, or | ||||||
11 | attending an institution of higher education in the
City of
| ||||||
12 | Chicago ; and . | ||||||
13 | (10) A victim of a sex offense residing in the police | ||||||
14 | district where the sex offender is required to register,
| ||||||
15 | resides, is employed, or attends an institution of higher | ||||||
16 | education in the
City of
Chicago, who is not otherwise | ||||||
17 | required to be notified under Section 4.5 of the Rights of | ||||||
18 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
19 | Sexually Violent Persons Commitment Act. | ||||||
20 | (a-4) The Department of State Police shall provide a list | ||||||
21 | of sex offenders
required to register to the Illinois | ||||||
22 | Department of Children and Family
Services.
| ||||||
23 | (b) The Department of State Police and any law enforcement | ||||||
24 | agency may
disclose, in the Department's or agency's | ||||||
25 | discretion, the following information
to any person likely to | ||||||
26 | encounter a sex offender, or sexual predator:
|
| |||||||
| |||||||
1 | (1) The offender's name, address, date of birth, e-mail | ||||||
2 | addresses, instant messaging identities, chat room | ||||||
3 | identities, and other Internet communications identities, | ||||||
4 | all Uniform Resource Locators (URLs) registered or used by | ||||||
5 | the sex offender, and all blogs and other Internet sites | ||||||
6 | maintained by the sex offender or to which the sex offender | ||||||
7 | has uploaded any content or posted any messages or | ||||||
8 | information.
| ||||||
9 | (2) The offense for which the offender was convicted.
| ||||||
10 | (3) Adjudication as a sexually dangerous person.
| ||||||
11 | (4) The offender's photograph or other such | ||||||
12 | information that will help
identify the sex offender.
| ||||||
13 | (5) Offender employment information, to protect public | ||||||
14 | safety.
| ||||||
15 | (c) The name, address, date of birth, e-mail addresses, | ||||||
16 | instant messaging identities, chat room identities, other | ||||||
17 | Internet communications identities, all Uniform Resource | ||||||
18 | Locators (URLs) registered or used by the sex offender, all | ||||||
19 | blogs and other Internet sites maintained by the sex offender | ||||||
20 | or to which the sex offender has uploaded any content or posted | ||||||
21 | any messages or information, offense or adjudication, the | ||||||
22 | county of conviction, license plate numbers for every vehicle | ||||||
23 | registered in the name of the sex offender, the age of the sex | ||||||
24 | offender at the time of the commission of the offense, the age | ||||||
25 | of the victim at the time of the commission of the offense, and | ||||||
26 | any distinguishing marks located on the body of the sex |
| |||||||
| |||||||
1 | offender for sex
offenders required to register under Section 3 | ||||||
2 | of the Sex Offender Registration
Act shall be open to | ||||||
3 | inspection by the public as provided in this Section.
Every | ||||||
4 | municipal police department shall make available at its | ||||||
5 | headquarters
the information on all sex offenders who are | ||||||
6 | required to register in the
municipality under the Sex Offender | ||||||
7 | Registration Act. The sheriff shall
also make available at his | ||||||
8 | or her headquarters the information on all sex
offenders who | ||||||
9 | are required to register under that Act and who live in
| ||||||
10 | unincorporated areas of the county. Sex offender information | ||||||
11 | must be made
available for public inspection to any person, no | ||||||
12 | later than 72 hours or 3
business days from the date of the | ||||||
13 | request.
The request must be made in person, in writing, or by | ||||||
14 | telephone.
Availability must include giving the inquirer | ||||||
15 | access to a
facility where the information may be copied. A | ||||||
16 | department or sheriff
may charge a fee, but the fee may not | ||||||
17 | exceed the actual costs of
copying the information. An inquirer | ||||||
18 | must be allowed to copy this information
in his or her own | ||||||
19 | handwriting. A department or sheriff must allow access to
the | ||||||
20 | information during normal public working hours.
The sheriff or | ||||||
21 | a municipal police department may publish the
photographs of | ||||||
22 | sex offenders where any victim was 13 years of age or younger
| ||||||
23 | and who are required to register in the municipality or county | ||||||
24 | under the Sex
Offender Registration Act in a newspaper or | ||||||
25 | magazine of general circulation in
the municipality or county | ||||||
26 | or may disseminate the photographs of those sex
offenders on |
| |||||||
| |||||||
1 | the Internet or on television. The law enforcement agency may
| ||||||
2 | make available the information on all sex offenders residing | ||||||
3 | within any county.
| ||||||
4 | (d) The Department of State Police and any law enforcement | ||||||
5 | agency having
jurisdiction may, in the Department's or agency's | ||||||
6 | discretion, place the
information specified in subsection (b) | ||||||
7 | on the Internet or in
other media.
| ||||||
8 | (e) (Blank).
| ||||||
9 | (f) The administrator of a transitional housing facility | ||||||
10 | for sex offenders shall comply with the notification procedures | ||||||
11 | established in paragraph (4) of subsection (b) of Section | ||||||
12 | 3-17-5 of the Unified Code of Corrections. | ||||||
13 | (g) A principal or teacher of a public or private | ||||||
14 | elementary or secondary school shall notify the parents of | ||||||
15 | children attending the school during school registration or | ||||||
16 | during parent-teacher conferences that information about sex | ||||||
17 | offenders is available to the public as provided in this Act.
| ||||||
18 | (h) In order to receive notice under paragraph (10) of | ||||||
19 | subsection (a), paragraph (10) of subsection (a-2), or | ||||||
20 | paragraph (10) of subsection (a-3), the victim of the sex | ||||||
21 | offense must either register under the statewide victim and | ||||||
22 | witness notification system as provided in Section 8.5 of the | ||||||
23 | Rights of Crime Victims and Witnesses Act or notify the | ||||||
24 | appropriate sheriff or the Chicago Police Department in | ||||||
25 | writing, by facsimile transmission, or by e-mail that the | ||||||
26 | victim desires to receive such notice. |
| |||||||
| |||||||
1 | (i) For purposes of this Section, "victim of a sex offense" | ||||||
2 | means: | ||||||
3 | (1) the victim of the sex offense; or | ||||||
4 | (2) a single
representative who
may be the spouse, | ||||||
5 | parent, child, or sibling of a person killed during the | ||||||
6 | course of a sex offense perpetrated against the person | ||||||
7 | killed or the spouse, parent,
child, or sibling of any | ||||||
8 | victim of a sex offense who is physically
or mentally | ||||||
9 | incapable of comprehending or requesting notice. | ||||||
10 | (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | ||||||
11 | 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | ||||||
12 | 8-17-07; 95-640, eff. 6-1-08; revised 11-19-07.)
|