SEX OFFENDER REG-PROCEDURES

Session: 104th General Assembly
Year: 2025
Bill #: HB3492
Category: Juvenile Justice
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Sex Offender Registration Act. Provides that the Illinois State Police shall send (rather than mail) a quarterly nonforwardable verification letter or an electronic verification letter to each registered person who has been adjudicated to be sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, beginning 90 days from the date of his or her last registration. Provides that to any other person registered under the Act, the Illinois State Police shall send (rather than mail) an annual nonforwardable verification letter or an electronic verification letter, beginning one year from the date of his or her last registration. Provides that a person required to register under the Act who is sent (rather than mailed) a verification letter or an electronic verification letter shall complete, sign, and return the enclosed verification form to the Illinois State Police postmarked or time and date stamped within 10 days after the mailing date or time and date stamp of the letter. Provides that the person who is to receive the verification letter shall notify the Illinois State Police as to which method of notification the registered person receives. Provides that registration shall consist of a statement in writing signed by the person giving the information that is required by the Illinois State Police, which shall (rather than may) include the fingerprints and shall include a current photograph of the person, which shall be updated annually. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the Act and the Murderer and Violent Offender Against Youth Registration Act, respectively. Effective January 1, 2026.

Staff Analysis

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement and regarding the impact and advisability of raising the minimum age of detention to 14, and develop a process to assist in the implementation of the provisions of the amendatory Act. Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. Provides that on or after July 1, 2026 and before July 1, 2027, any minor 12 years of age or older arrested pursuant to the Act if there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity, in light of a serious threat to the physical safety of a person or persons in the community or in order to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months, may be kept or detained in an authorized detention facility. Provides that on or after July 1, 2027, minors age 12 years of age and under 13 years of age and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, may be kept or detained in an authorized detention facility. Provides that no minor under 13 years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a community mediation program or through other court-ordered intervention services. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall provide resources to persons under 18 years of age who have been adjudicated delinquent for a nonviolent crime. Provides that "nonviolent crime" does not include the use or threat of force toward a person. Creates the Child First Reform Task Force to consider the conditions and administration of individual juvenile detention centers, identify the resources needed to consistently meet the minimum standards set by the Department of Juvenile Justice and the Administrative Office of the Illinois Courts, evaluate complaints arising out of juvenile detention centers, identify best practices to provide detention center care, propose community-based alternatives to juvenile detention, and advise on the creation of the Youth Advisory Agency with youth justice advisors and district youth advisory offices in each circuit court district. Establishes its composition. Provides that the Department of Juvenile Justice shall provide administrative support for the Task Force. Provides that the provisions concerning the Task Force are repealed on June 1, 2029. Provides that the Task Force provisions take effect June 1, 2026. Provides that the youth nonviolent crime resource program provisions take effect January 1, 2028.



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