[chicagotribune.com – 6/28/19] Yes, this is a story about the law. In particular, it’s about a law that prohibits child sex offenders from being within 500 feet of a public park or building where children gather. Which is why the city of Aurora on Wednesday sent eviction notices to almost two dozen residents of Wayside Cross Ministries. It is, however, also a story about the spirit of the law, which is always far more complicated. For more than 90 years, the people who society tend to deem undesirable, even repugnant,…
Read MoreTag: Illinois
IL: Long legal battle in sex offender case ends with plea deal, probation
Charges filed in 2018 were dismissed Friday against a 26-year-old Normal man after he pleaded guilty to a new charge involving a 2014 offense, ending his long-running legal challenge of the constitutionality of the state’s sex offender registration rules. ___ ___ was 16 when he engaged in sexual activity with a 14-year-old classmate. He served 12 months’ probation, and registered as a sex offender until 2018 when the state did not object to his request to end reporting requirements. Full Article IL Supreme Court Decision
Read MoreWI, IL: Wisconsin, Illinois sued over transgender name-change laws
[washingtonpost.com – 5/1/19] Attorneys sued Wisconsin and Illinois Wednesday over laws that forbid transgender individuals from changing their names if they have certain criminal convictions. Both federal lawsuits argue that the states are violating free speech rights and are preventing people from expressing how they identify themselves. “The impact on their lives is severe. This is an issue of equality and equal participation in society,” said Lark Mulligan, an attorney who filed the Illinois lawsuit. Mulligan, who is a transgender woman, noted “all the times that people are forced to…
Read MoreIL: Federal Judge Finds Illinois Rules On Sex Offenders Unconstitutional
[wbez.org – 4/1/19] A federal judge in Chicago has found the Illinois Department of Corrections is violating the constitutional rights of prisoners convicted of certain sex crimes by making the restrictions on where they can live so stringent that inmates are often locked up long beyond their sentences. In a ruling issued Sunday, Judge Virginia Kendall wrote that hundreds of offenders in the state’s prison system successfully complete their entire court-ordered sentences yet remain behind bars indefinitely. Kendall found the corrections department is depriving them of fundamental rights, and…
Read MoreIL: Court tosses lawsuit in sex-video suicide case
A federal judge in Chicago has dismissed a lawsuit brought against a suburban Chicago school by parents of a student who killed himself after staff warned him he may have to register as a sex offender because they suspected he made a video of himself having sex with a classmate without her knowledge. Full Article Opinion https://cases.justia.com/federal/district-courts/illinois/ilndce/1:2017cv04036/340584/114/0.pdf?ts=1547809387
Read MoreIL: Man sues state’s attorney, officials for $10M over sex offender registration
A convicted sex offender who claims he was innocent is suing St. Clair County State’s Attorney Brendan Kelly and state officials for $5 million in compensatory damages and $5 million in punitive damages, alleging his reputation within his community continues to be irreparably injured by his registration status. Full Article
Read MoreLiving with 290: Finding Work
I was convicted in federal court of distribution and possession of child pornography in January 2008. I was sentenced to 151 months, which, after good time, was a little under 11 years. I was released from prison in June 2018 and sent to a halfway house in Indiana, about three hours from my home. While there, I was encouraged to work, because you have to pay them part of it, but I actually wanted to work so I obtained a job at a local factory through the halfway house. In…
Read MoreIL: Woman broke sex offender law after registering children at daycare
A Joliet woman was apparently registering her children at a daycare when she violated the requirements of her sex offender status, according to court transcripts. Full Article
Read MoreIL: Appellate court reverses sex offender registration conviction
An Illinois appeals court reversed a man’s conviction after he was accused of failing to register as a sex offender. The Fifth District Appellate Court, in reversing former judge John Baricevic, found the state did not provide enough evidence that ____ had to continually register as a sexual offender on the date of his offense. Prosecutors conceded there was no indication if Kitterman’s imprisonment or subsequent conviction changed the required registration date. The three-judge panel ruled ____, who represented himself, proved the the Sexual Offender Registration Act (SORA) requires the offender to…
Read MoreIs a life sentence for child sexual abuse just?
Arguably Chicago’s most notorious figure in the national Roman Catholic priest sex abuse scandal was committed indefinitely Wednesday to a state facility for sex offenders. In refusing to release ____ ____ under strict monitoring, Cook County Judge Dennis Porter noted that the defrocked priest had never cooperated with treatment or even admitted to a problem. Full Opinion Piece
Read MoreIs it an unconstitutional taking of property without just compensation to require sex offenders to move away from their home if a school, etc is established near their home after their initial occupation?
In Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007), the Georgia Supreme Court held that a state statute prohibiting registered sex offenders from living or working within 1,000 feet of any facility where minors congregate, see Ga. Code Åò42-1-15, constituted a taking of property as applied to a sex offender who was forced to move after a child care center opened a facility within 1,000 feet of his home. … The Seventh Circuit just came to the opposite conclusion in an opinion written by Judge Diane S. Sykes.…
Read MoreIL: 7th Circuit Upholds Illinois Residency Restrictions
The Seventh Circuit Court of Appeals has upheld residency restrictions adopted by the state of Illinois that prohibit anyone convicted of a sex offense involving a minor from living within 500 feet of a school, playground, child-care center, child day-care home and group day-care home. According to the decision, which was issued on July 11, the restrictions can even be applied to individuals who are no longer required to register as a sex offender. The circuit court rejected arguments in the case that the residency restrictions violated the ex post…
Read MoreIL: Good news. A Win in Illinois!
[floridaactioncommittee.org – 6/15/18] In April, we wrote about an FAC member currently exiled from his home country because of International Megan’s Law. One of our members, who has a decades-old conviction, for which he got probation, left the country 17 years ago and hasn’t come back. He went on to live a good life in this other country, established a business, got married and had three children. In October, his mother fell gravely ill and he returned to see her. When he flew into the country (another state) he did…
Read MoreIL: Must Watch – Argument in IL Supreme Court in People v. Bingham
[floridaactioncommittee.org 5/22/18] The below video is from the recent argument before the Illinois Supreme Court in People v. Bingham. Jerome Bingham, who committed a sexual offense more than 30 years ago, was arrested for stealing pallets. As a consequence of his stealing these wooden pallets and a further consequence of a 2012 change in the Illinois law that required anyone with a previous sexual offense, who is subsequently convicted of ANY offense, be added to the registry (even if their sex offense predated the registry). Watch the video
Read MoreIL: What to Do to Make Sure Your Family Doesn’t Rent a Motel Room Next to a Registered Sex Offender
[nbcchicago.com 5/7/18] Remember that a sex offender’s residency at a motel or inn is completely legal, and there is no obligation on the part of any establishment to research the background of a guest, or alert other guests to someone’s criminal history. There is also no specific obligation of any police agency, in the states we checked, to give notice directly to hotel or motel guests, about a sex offender who has reported his or her residence there. So the best way – and likely the only way – for…
Read MoreIL: ‘I’m Scared, Very Scared’: Mass Murderer Moves Into Home Near La Grange Elementary School
[UPDATED LINKS 5/2/18] [nbcchicago.com 4/30/18] Parents tell NBC 5 they’re shocked a mass murderer recently released from prison moved in right across the street from a suburban elementary school. _______, 77, just got out of prison after serving time for killing five people in a Yorkville restaurant in 1972. Neighbors say he’s living in a La Grange home with a family who took him in as part of an outreach program with their Hinsdale church. The home is across the street from Seventh Avenue School. … “How could a sex…
Read MoreIL: State Senate targets masturbating jail inmates, making ‘sex offender’ tag easier
It’s a daily sight being called “a pretty extreme brand of workplace sexual harassment.” Citing a rise of lewd behavior in the Cook County Jail, the Illinois Senate on Wednesday passed a measure that would place inmates on the sex offender registry upon release if they expose themselves or masturbate in front of female staffers more than two times. Full Article
Read MoreIL: Fake Facts And Rational Basis
[simplejustice.us 4/12/18] When the constitutionality of a law is challenged, the most critical factor is the test use by the court in deciding whether it passes scrutiny. If it’s strict scrutiny, the law almost always gets crushed. But then, strict scrutiny is reserved for laws that implicate fundamental rights, which are fundamental because the Supremes say they are. And the others? Last week the Illinois Supreme Court upheld a state law banning sex offenders from public parks, overturning a 2017 appeals court ruling that deemed the statute “unconstitutional on its…
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