730 ILCS 150/5
Release of sex offender, as defined in Section 2 of this Act, or sexual predator; duties of the Court
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(730 ILCS 150/5)
(from Ch. 38, par. 225)
Sec. 5. Release of sex offender, as defined in Section 2 of this Act, or
sexual predator; duties of the Court.
Any sex
offender, as defined in Section 2 of this Act, or sexual predator, as
defined by this Article, who is released on
probation or
discharged upon payment of a fine because of the commission of one of the
offenses defined in subsection (B) of Section 2 of this Article, shall, prior
to such release be informed of his or her duty to register under this Article
by the Court in which he or she was convicted. The Court shall also inform
any person who must register that if he or she establishes a residence
outside of the State of Illinois,
is employed outside of the State of Illinois, or attends school outside of
the
State of Illinois,
he or she must register in the new state
within 3 days after establishing the residence, beginning employment, or
beginning school. The Court shall require
the person to read and sign such form as may be required by the Illinois State Police stating that the duty to register and the procedure for
registration has been explained to him or her and that he or she understands
the duty to register and the procedure for registration. The Court shall
further advise the person in writing that the failure to register or other
violation of this Article shall result in
probation revocation.
The Court shall obtain information about
where the person expects to reside, work, and attend school upon his or
her release, and shall report the
information to the Illinois State Police. The Court shall
give one copy of
the form to the person and retain the original in the court records. The
Illinois State Police shall notify the law enforcement
agencies having
jurisdiction where the person expects to reside, work and attend school
upon his or her release.
(Source: P.A. 102-538, eff. 8-20-21.)
Notes of Decisions
Cited in 6
cases, 1999–2020 · leading case: People Ex Rel. Birkett v. Konetski
People Ex Rel. Birkett v. Konetski (2009)
“The respondent, therefore, did not advise the minor of his duty to register as required by section 5 of the Act (730 ILCS 150/5 (West 2004)). Additionally, the respondent did not advise the minor of his right to appeal in accordance with Supreme Court Rule 605(a) (188 Ill.”
People v. Molnar (2006)
“” 730 ILCS 150/5 — 10 (West 2002). The reregistering sex offender must complete, sign and return the verification letter, postmarked within 10 days after the mailing of the letter, to the Department of State Police.”
People v. Fredericks (2014)
“" 730 ILCS 150/5 (West 2012). Defendant was sentenced to two years' probation for his conviction in this case.”
People v. Fredericks (2014)
“” 730 ILCS 150/5 (West 2012). This language shows that these provisions were designed to protect defendants from inadvertently violating their probation because they did not know that they had to register as sex offenders.”
People v. Vesey (2020)
“730 ILCS 150/5 (West 2014). This language put defendant on notice of the time restraint to register as a sex offender—a collateral consequence of his conviction.”
People v. Guillen (1999)
“1997)); (c) a sex offender discharged or released from a hospital or treatment facility is subject to the Registration Act (730 ILCS 150/5—5 (West Supp. 1997)); (d) a person adjudicated sexually dangerous and later released, or found to be no longer sexually dangerous and…”
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