Ill. Admin. Code tit. 20 § 1283.20

Current through Register Vol. 48, No. 45, November 8, 2024
Section 1283.20 - Definitions

Terms used in this Part shall have the meanings set forth in the Murderer and Violent Offender Against Youth Registration Act or in this Section.

"Act" means the Murderer and Violent Offender Against Youth Registration Act [730 ILCS 154].

"Adjudicated juvenile delinquent violent offender" means a juvenile who has been adjudicated a juvenile delinquent as a result of committing or attempting to commit any of the offenses described in Section 5 of the Act or a violation of any substantially similar federal, other state or foreign country law.

"Agency of jurisdiction" or "jurisdiction" means the law enforcement agency having jurisdiction as defined in the Act, i.e., the agency with jurisdiction where the offender intends to reside.

"Child care facilities" has the meaning set forth in Section 2.05 of the Child Care Act of 1969 [225 ILCS 10/2.05], but does not include licensed foster homes.

"Conviction" means one or more convictions that result from or are connected with the same act, or result from offenses committed at the same time. Such convictions shall be counted as one conviction.

"Department" means the Illinois Department of State Police and any of its subdivisions.

"Fixed residence" means any and all places that an individual resides for an aggregate period of time of 5 or more days in a calendar year. [730 ILCS 154/5(i)]

"Institution of higher education" means an Illinois institution legally constituted to provide post-secondary education.

"Notification Form" means the Murderer and Violent Offender Against Youth Notification Form designed by the Department to be used to notify the violent offender of the responsibility to register.

"Out-of-state employee" means any violent offender who is employed in Illinois, regardless of whether the individual receives payment for services performed, volunteers, or performs services for government or educational benefit for a period of time of 10 or more days or for an aggregate period of time of more than 30 days during any calendar year. Persons who are employed to operate motor vehicles in or through Illinois or whose employment involves periods of less than a full day in Illinois accrue one day of employment for any portion of a day spent in Illinois. [730 ILCS 154/5(g)]

"Out-of-state student" means any violent offender who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher education. [730 ILCS 154/5(f)]

"Registration Form" means the Murderer and Violent Offender Against Youth Registration Form designed by the Department to be used to satisfy the registration requirements of the Act.

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Murderer and Violent Offender Against Youth Registration Act and the Murderer and Violent Offender Against Youth Community Notification Law [730 ILCS 154/75-105]. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

"Resides" means to maintain a residence or to be temporarily domiciled for a period of 5 or more days.

"Scheduled notifications" means notices sent annually.

"School" means any public or private educational institution, including, but not limited to, any elementary or secondary school, trade or professional institution, or institution of higher education. School also means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school that has registered with the State Board of Education or, in the case of a group of non-public schools registered with the State Board of Education that are organized under a single controlling administrative entity, the controlling administrative entity of that group of non-public schools. [730 ILCS 154/5(h)]

"Sex Offender Registry" means the data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act [730 ILCS 150] and the Sex Offender Community Notification Law [730 ILCS 152]. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

"Sexually motivated" is defined in Section 10 of the Sex Offender Management Board Act [20 ILCS 4026/10].

"State's Attorney's Office" means the Office of the State's Attorney for the county in which the violent offender against youth was convicted.

"Transfer" means to move the name of and all registration data for the registered offender from the Sex Offender Registry to the Murderer and Violent Offender Against Youth Registry.

"Verification of Case Facts Form" means the form that the Department created for use by the State's Attorney's Office to verify an offense was not sexually motivated.

"Victim" means the individual subjected to the particular offense for which the perpetrator acquired the status of a violent offender against youth. This term also includes the parent and legal guardian of the victim.

"Violent offender against youth" is defined in Section 5(a) of the Murderer and Violent Offender Against Youth Registration Act.

Ill. Admin. Code tit. 20, § 1283.20

Amended at 46 Ill. Reg. 9105, effective 5/17/2022