LEGISLATIVE COMMITTEE AGENDA

Transcription

1 VAZQUEZ, Castro, Auger, Haley, Molina, Silva, Taylor LEGISLATIVE COMMITTEE AGENDA Monday, September 26, :00 a.m. 1. Call to Order 2. Approval of Minutes: July 25, Public Comment 4. Discussion: Update: HB 1253 (Aust/Thorgesen) Update: Veto Session (Gaeke) 5. Other Business 6. Adjournment

2 Pending Sex Offender Legislation and Potential Impacts to Kane County Kane County Court Services Presenter: Chris Starkovich Special Programs Supervisor

3 Court Services Sex Offender Unit Three Probation Officers which include two adult officers and one juvenile officer As of September 21, total cases Responsibilities Include: Monitoring Court conditions for the purpose of community safety Notifying sex offenders of a duty to register Office Visits Home Visits Collaboration with treatment team and polygraph examiners

4 Adam Walsh Child Protection and Safety Act Federal mandate to ensue that all states are in compliance with federal sex offender registration guidelines Penalty of a 10% reduction in Byrne Grant Funding each year state is not in compliance beginning in FY 2012 Deadline was July 2011 and Illinois is not currently in compliance Pending house and senate bills would put Illinois into compliance with federal guidelines

5 Adam Walsh Child Protection and Safety Act Requirements: Tier system requiring minimum registration standards of 15 years, 25 years or lifetime System is not risk based, but offense based Fingerprints, palm prints, and picture updated at every registration More extensive registration information required from offenders Retroactive registration for new convictions All 50 states, the District of Columbia, U.S territories, and Indian tribes are required to implement act

6 Senate Bill 1040 Bill proposes a three tier sex offender registration system in Illinois Current sex offender registration in Illinois is either lifetime or 10 years depending on the convicted offense Offenders are only required to register once a year unless they have been convicted of a violation of the registration act which would then make registration quarterly

7 Senate Bill 1040 Three tiered system: Lifetime registration which includes registration every quarter regardless of a violation of the registration act 25 year registration which would require an offender to register every six months 15 year registration which would remain an annual registration

8 Senate Bill 1040 Offenses have not been classified into the three tiers by the Illinois State Police yet, but only misdemeanor offenses would be a 15 year registration Current offenses that qualify for lifetime registration would remain the same under new legislation Offenders would have three days to register upon conviction or release from imprisonment

9 Senate Bill 1040 Bill is retroactive meaning new registration tiers would be applied to those offenders who are currently required to register under Illinois law as well as laws of other states Bill is still pending approval from both houses and has not been sent to governor

10 Potential Impacts of SB 1040 Increased frequency of registration for the majority of offenders Picture, fingerprints, and palm prints must taken quarterly as opposed to once a year for lifetime registrants Residence verifications will also need to be quarterly for lifetime registrants There could be a potential influx of new felony failure to register charges as offenders will fail to comply with new registration requirements

11 Juvenile Registration and SB 1040 SB 1040 will have a devastating impact on juvenile registration Current juvenile registration standards do not require registration for minors that are placed on court supervision, deferred sentence, or deferred adjudication SB 1040 will now require these minors to register like other adjudicated juveniles This is not in line of the Juvenile Court philosophy of rehabilitation

12 Public Act Requires retroactive registration for sex offenders who have previously completed their term of sex offender registration if they are convicted of any new felony offense after July 1, 2011 For example: An offender completed his 10 year sex offender registration requirement, but was convicted of a new felony for Aggravated Battery. Offender would then be required to register for 15 years, 25 years, or life depending on what his original sex offense conviction was Signed by Governor on August 28, 2011 Effective January 1, 2012

13 Potential Impacts of Public Act Increase in the number of offenders required to register leading to additional work for Court Services and the Sheriff s Department Could lead to additional new felony failure to register cases if offenders are unwilling to comply with retroactive registration

14 Public Act Requires sex offenders to register with the public safety or security director of the institution of higher education which the sex offender is employed at or attends Registered sex offenders could potentially have three registrations if they attend a institute of higher education in Kane County

15 Public Act Registrations would include: Jurisdiction the sex offender resides in Jurisdiction the sex offender attends an institute of higher education in if it is different from their home municipality Public safety or security director of the institution of higher education Signed by Governor on July 21, 2011 Effective January 1, 2012