For Illinois Sex Offenders, Six Years Can Turn Into Life In Prison

11-19-17 Illinois:

The Rockford native committed a sex crime, and in order to get out of prison he has to meet the state’s long list of rigid parole requirements for those convicted of predatory criminal sexual assault. He could remain behind bars for the rest of his life if he doesn’t find appropriate housing. For Lindenmeier, that means finding a place to live where, among other things, he is away from children and has no internet-accessible devices like smartphones and smart TVs.

Lindenmeier said he couldn’t afford his own apartment, so he turned to his family for help. But their living situations disqualified them under state law. He said his father lived too close to a park, his mother had a computer and smartphone, his sister had small children, and his dad’s girlfriend’s home was too close to a day care center. The rules even prohibit halfway houses from taking in sex offenders. So he remains behind bars, searching for a home. ..Continued..

Read More of Article...

Article Summary only...

Starting over: Task force examining sex offender laws

6-4-17 Illinois:

BLOOMINGTON — At the end of June, Brian Liska will mark the 20th anniversary of two life-changing milestones: the year he was convicted at 21 of sexually abusing a teenage girl, and two decades without an arrest for another sex offense.

Liska spent 60 days in jail and served two years' probation for aggravated criminal sexual abuse in 1997. His identity also was included on a statewide sex offender registry for 10 years. Removal from the registry made it easier for Liska to start over in the community.

But in November 2011, Liska's attendance at his son's Boy Scout meeting at a District 87 school landed him back in the criminal justice system and onto the state registry — this time for life.

"It was my understanding that since school was not in session at the time that I could be there," said Liska.

The mistake brought a charge of violation of sex offender registration rules and another two years' probation. The registration requirement "felt like a slap in the face over something positive I was trying to do with my son," said Liska.

He and his wife, Synamin, live in an apartment on the city's east side and have been able to make ends meet since he started a job unloading trucks for a local retailer after a five-month job search.

Families struggle, too, with sex offender rules, said Liska's wife.

"I knew about his past, but it's never once bothered me. He helped me in ways no one else could after my father's death," she said.

Brian Liska has completed several programs, including Jobs Partnership, and is a mentor for a domestic violence class at Collaborative Solutions.

He is one of 800,000 registered sex offenders currently residing in the U.S. and one of 213 living in McLean County for offenses ranging from child molestation to predatory criminal sexual assault. Bloomington is home to 145 offenders; Normal 23, with another 40 living in rural areas. The whereabouts of five are unknown, according to the recent sex offender records posted on the state website. In 2016, three offenders in Normal and 13 in Bloomington registered as homeless. ..Continued.. by Edith Brady-Lunny

Read More of Article...

Article Summary only...

Lawmakers eliminating time-frame protection for child sex offenders

If passed into law it raises all sorts of legal questions.

3-27-17 Illinois:

Those who suffered sexual abuse and assault as children decades ago may soon be able to obtain justice by having their victimizers prosecuted.

State Sen. Scott Bennett, D-Champaign, introduced Senate Bill 189 in January, which would eliminate the statute of limitations for all felony child abuse and sexual assault crimes. It already passed the Senate Criminal Law Committee, of which Bennett is a member, with a 10-0 vote March 7 and is now awaiting a full Senate vote, according to Illinois legislative records.

“What this does is say, ‘This shouldn’t be so complicated,’” Bennett said. “If a child has been sexually assaulted, the timeline should be up to that survivor to come forward, not some arbitrary time deadline.”

As a former assistant state’s attorney in Champaign County, Bennett said he primarily worked on cases of child sexual abuse and assault, and his experiences were a motivator in drafting the bill. The statute of limitations on these crimes can cause victims to hesitate coming forward, he added.

Bennett said he collaborated with Illinois Attorney General Lisa Madigan on the bill after former U.S. Speaker of the House John Dennis Hastert openly admitted to sexually assaulting students while a coach at Yorkville High School in Yorkville, Illinois, decades prior. Hastert is currently serving time for financial crimes rather than sexual abuse offenses.

According to a May 28, 2015 U.S. Department of Justice report, Hastert was charged with structuring cash withdrawals to evade currency transaction reporting requirements and making false statements to the FBI.

According to DOJ records, Hastert pled guilty to the charges in October 2015 in an attempt to cover up sexual misconduct with a former student and was sentenced to 15 months in federal prison in April 2016. He began his sentence in June 2016 and is required to enter a sex offender treatment program when released.

“Hastert inflicted unbelievable pain on the lives of the youth he was entrusted to care for, yet he got a slap on the wrist,” said Scott Cross, one of the individuals who came forward about being sexually molested by Hastert, when he testified before the committee March 7. “As he ascended to political power and seemingly became untouchable, the pain and suffering of survivors got buried. He had the power, prestige and law on his side.”

Currently, Illinois law states child sexual offense cases must be reported and prosecuted within 20 years of the survivor turning 18 years old. However, that time frame can be extended when corroborating physical evidence exists or a mandated reporter, such as school administrators and law enforcement officers, failed to report the abuse. There is no statute of limitations in Illinois for murder, involuntary manslaughter, reckless homicide, arson, treason, forgery or the production of child pornography.

Bennett said statute of limitations are important to protect the innocent; however, like all legislation in Springfield, “it’s a balancing contest.”

The Illinois Department of Children and Family Services’ Child Abuse/Neglect Statistics 2016 report shows 8,426 alleged sex abuse and 2,076 probable sex abuse of underaged victims whose cases are under investigation. There have been 4,978 alleged sex abuse victims and 877 probable sex abuse victims in Illinois as of Feb. 28 for the 2017 fiscal year.

State Sen. Bill Cunningham, D-Chicago, a chief co-sponsor of the bill, said Cross’ testimony was compelling and a key contributor to his, and likely other Senate sponsors’, support of the bill.

Cunningham said this law will provide prosecutors with a tool to hold perpetrators accountable and is the best process to combat sexual assault and abuse of minors. However, he added that it can be difficult to prove these cases with the passage of time, but if multiple victims come forward with similar testimony against an individual, prosecutors can make a case, and this bill allows that.

“This bill accounts for the reality of child sexual abuse,” said Julia Strehlow, a social worker at the Chicago Children’s Advocacy Center. “Perpetrators rely on threats, secrecy and shame to keep the children that they perpetrate abuse against silent.”

Strehlow, whose nonprofit coordinates child protection staff, law enforcement, medical experts, family advocates and mental health clinicians in reports of child sexual abuse, said abusers are often someone the victim knows and trusts, such as a family member or teacher, which makes it difficult for victims to come forward.

“It can be confusing for children when someone close to them crosses those boundaries,” Strehlow said. “People who are perpetrators of child sexual abuse often use that against children.”

According to Strehlow, the discovery and signs of child sexual abuse cases vary greatly, and it is important to know every case is different.

Strehlow said Illinois has many options to provide assistance to minors who are victims of sexual abuse. In February 2011, Illinois was also the first of 26 states that have passed Erin’s Law, which requires all public schools to implement a child sexual abuse prevention program. Unfortunately, it has become difficult to pay for programs because of the nearly two-year state budget impasse, she added.

“While the centers are doing their best, especially in this current budget stalemate, it’s hard to predict funding,” Strehlow said.

Currently, there are 37 Children Advocacy Centers of Illinois locations with one in Chicago and four others throughout Cook County, according to the group’s website.

With National Child Abuse Prevention Month coming in April, Strehlow said her organization is holding free training courses teaching how to respond and talk to children who may be victims, information can be found on its website.

A full-Senate vote on the bill has not been scheduled. However, Bennett said he hopes the bill will be voted on by the end of the month so it can pass through the General Assembly before the end of the spring session. Both Bennett and Cunningham said they are confident it will pass.

Cunningham said he cannot predict what would happen when the bill moves forward but thinks, “it’s safe to say this is likely to be approved by both chambers and signed by [Gov. Bruce Rauner].”

It is important for this bill to succeed because it will increase public safety and make it easier to identify perpetrators without a time restriction, Strehlow said.

“We know perpetrators often have more than one victim,” she said. “By being able to more readily identify and prosecute perpetrators, it would increase public safety.” ..Source.. by Eric Bradach, Metro Editor

Read More of Article...

Article Summary only...

House OKs bill barring sex offenders from park work

3-25-17 Illinois:

Despite objections from state Rep. Steven Andersson (R-Geneva), the House passed a bill on Thursday that prohibits Illinois park districts from retaining a volunteer who has been found to be a sex offender.

Anderson argued that HB 0786, which was sponsored by state Rep. Jaime Andrade (D-Chicago), had been watered down from its original version by the removal of penalties for volunteers who fails to disclose his sex offender status.

The bill as passed requires volunteers to complete an application prior to work and immediately disclose any convictions to the park district.

“The bill stays as is but it removes the penalties,” Andrade said. “The most important is that it still creates a moment of pause, and it creates some accountability for the volunteers under direct supervision of the park district.”

Andersson questioned the accountability aspect of the bill.

“This bill as I understood it creates kind of a check box or a certification for a volunteer for park district indicating that they are not a sex offender, correct?” he asked. “It put no burden on the park district to verify that?”

Andrade replied that park districts already do background checks, but the burden of honesty lies with the volunteers.

“When someone goes in, it’s voluntary," he said. "They are not forced to do it. They can just walk away and that is the hope: If they are [convicted] they can just walk away, and they know they should not be there in the first place. This [affects] only volunteers directly supervised by the park district.”

But Andersson also objected to the apparent lack of repercussions if an applicant lies.

“And now there is no penalty whatsoever?” he asked. “They can lie, and nobody is going to check, and they’ll get away with it?”

Andrade contended that the bill is not about penalties but holds volunteers accountable for themselves.

“The hope is that they read, they know that they shouldn’t be there, and it is a reminder,” he said.

He clarified his stance by saying he doesn’t want to send people to jail if it is not necessary.

“The reason why I removed the penalty is because … the situation I envision in my mind was that someone, a youth, might go to the question, and he truly believes he is not a child molester because he might have ‘sexted,’ " Andrade said. “If he ‘sexted,’ then technically he has to register as a child molester. What I don’t want it some teenager to have to spend time in jail.”

The bill passed with 111 votes in favor and none against. ..Source..

Read More of Article...

Article Summary only...

Prison sentences served, but Illinois sex offenders stay locked up

1-28-17 Illinois:

Paul Murphy was originally sentenced to three years of probation after his conviction in 2011 on charges of aggravated child pornography.

Murphy is impoverished and homeless. And after he was found violating his parole by sleeping in the doorway of a church, Murphy was ordered to serve his sentence in prison.

He finally was approved to be released from custody in March, 2014, into the state’s mandatory supervised release program.

But because he is homeless and cannot find a place to live that satisfies the myriad of restrictions and regulations, Murphy, 61, remains in prison. And unless he somehow finds housing that satisfies the state’s strict limits, Murphy is doomed to spend his life in prison regardless of what his original sentence had been.

Murphy is one of seven inmates who have turned to the federal courts, contending that Illinois is improperly keeping sex offenders in prison even after they have served their full prison sentences — with the possibility they might never be freed.

Their class action lawsuit charges Illinois Attorney General Lisa Madigan and Corrections Department Director John Baldwin with improperly keeping sex offenders in prison by imposing conditions for their housing that make it impossible to win release.

“We’re going to fight vigorously to try to change some of the circumstances to which these people are subjected,” said Mark Weinberg, co-counsel for the prisoners.

A spokesperson for the Department of Corrections said the state is still readying its response to the lawsuit, and a comment would be premature.

At issue are both the restrictions of the statute as well as the Department of Corrections interpretation. Sex offenders cannot live nearby parks, schools or day care centers. They cannot live in a condominium or apartment or trailer park where another convicted sex offender lives, with the one exception a halfway house. But there are no halfway houses in Illinois that accept sex offenders.

In the case of Murphy, the lawsuit details his plight. He has no money nor family members or friends who can help, and cannot earn money while locked up. He applied for housing at a halfway house in East St. Louis that, the lawsuit said, was the only one in Illinois that accepted sex offenders.

He was told there was a five-year wait at the time he applied; the facility has since closed. And so, the lawsuit contends, “Murphy faces imprisonment in the Illinois Department of Corrections for the rest of his life.” ..Continued.. by Camille Darko

Read More of Article...

Article Summary only...

State Rep. Batinick makes emotional pitch for “Stephanie’s Law”

6-20-15 Illinois:

PRINGFIELD, IL - State Rep. Mark Batinick (R-Plainfield) has teamed up with State Sen. Jennifer Bertino-Tarrant (D-Shorewood) to expand the state’s Sex Offender Registry. Batinick has introduced House Bill 2548, known as “Stephanie’s Law,” which would give judges the discretionary authority to require that individuals convicted of battery register as sex offenders if it is determined that the individual's intent was sexual.

“As a father, I feel it’s imperative that we do everything we can to protect all citizens from sexual predators. Stephanie’s Law would close a loophole in the current statute and give our judges additional discretion in placing those who commit sexually motivated batteries on the Sex Offender Registry,” said Batinick.

Stephanie’s Law would amend the Sex Offender Registry Statute allowing a judge to order a criminal defendant to register as a sex offender for a 10-year period if the offender’s intent was to commit the crime for purposes of sexual gratification. Prosecutors would be required to offer proof of this motivation at trial. In the event that a conviction is found, the judge would have the full discretion to add the convicted criminal to the registry.

Will County State’s Attorney Jim Glasgow said: “This amendment will give prosecutors and judges an additional tool to keep people safe. Kendall County State’s Attorney Eric Weis commented: "Requiring offenders to register is just one more safeguard to prevent others from becoming future victims." DuPage State’s Attorney Robert Berlin responded: "This new legislation will provide us with yet another tool in our chest to hold those found guilty of sexually motivated crimes accountable for their actions." ..Source..

---

Suburban woman pushes for change to sex offender law

A Plainfield woman has been pushing for a change to Illinois' sex offender law after a man accused of inappropriately touching a teen girl was convicted of battery and did not have to register.

But legal experts say the attempt could be an overreach.

"How can there not be a law for this?" said Plainfield resident Tina Estopare, who is leading the charge to change the law. "How can you charge someone with battery for touching a child and not have to register as a sex offender?"

State Rep. Mark Batinick (R-Plainfield), introduced legislation that would give judges the option of requiring those convicted of battery to be placed on the sex offender registry, if the judge decides the misdemeanor was sexually motivated.

Estopare took up the issue after Clinton J. Kuchta, formerly of Plainfield, was convicted of battery in 2013 but was not placed on the registry because that is not required for that offense. Prosecutors did not pursue other charges because they did not believe they could secure a conviction, law enforcement officials said.

Kuchta was sentenced to 364 days in Will County jail, and received a conditional discharge after serving 120 days, according to Will County court records. Kuchta declined comment.

After his release, Estopare said Kuchta moved back in next to the victim, which exacerbated the trauma.

The bill, which has 22 sponsors, was never called this session. The legislation stalled this year but could be considered in 2016, Batinick said.

The victim has since filed a lawsuit against Kuchta in connection to the incident. Attorney Richard Ryan, who represents Kuchta in that lawsuit, questioned the merits of such a law change.

Having a judge decide to put someone on the registry who has not been convicted of a sex crime "goes a little bit too far," Ryan said.

While empathizing with the victim's situation, sex offender registry critics said Batinick's bill would have been overreach, and that a bevy of sex crime charges already exist to punish such offenders.

This so stupid. But consider the source... a crazy lady with an agenda to push because the victim was a family member. Karma will bite that family some day when one if its members gets charged with a simple crime & they get tossed on the registry if she's successful at getting this piece...

The issue lies not with the facts of the Kuchta case, but with how judges might use this discretionary authority in the future, according to Catherine Carpenter, a professor at Southwestern Law School in Los Angeles who has written about registries and their issues.

"The problem is, when you put this law into effect, the reach is beyond this one actor," Carpenter said.

Crimes requiring sex offender registration have ballooned since such laws first went on the books in the 1990s, according to Carpenter.

Things such as streaking and public urination now require sex offender registration in some states, a scarlet letter that can ruin lives and does little to protect the public from the monstrous child predators for which the original laws were designed, she said.

Julie Biehl, a Northwestern University law professor and director of the school's Children and Family Justice Center, called the legislation an overreach.

"Putting someone on the sex offender registry for a battery is not proportional to the charge," she said.

Biehl questioned why Kuchta was not charged with a sex crime that would have required registration, such as criminal sex abuse, another misdemeanor.

During the 2013 sentencing, Will County Judge Bennett Braun called Kuchta fortunate, according to court transcripts. At the bench trial's conclusion, Braun said the evidence appeared to support a felony aggravated criminal sexual abuse charge.

"Mr. Kuchta, in a sad way you are the luckiest man sitting in this courthouse today," Braun said in court transcripts that were entered in the victim's lawsuit against Kuchta.

Will County State's Attorney's Office spokesman Charles Pelkie said prosecutors opted to charge Kuchta with misdemeanor battery because they didn't feel the case was strong enough to go forward with felony charges.

"There was some serious concern that, at the felony level…the defendant would've walked away without any conviction," Pelkie said.

Batinick said he hopes to learn more about the issue over the summer by meeting with victims and prosecutors.

"I'd rather get this right than get it checked off a list," he said. "It's a tough situation."

Kuchta's victim, now an adult who just finished her first year of college, said she underwent years of therapy after the incident.

"After two years, I started getting back on my feet," said the woman, who is not being identified because she is a sex crime victim. "But as of today, I just feel like I'm more cautious. I definitely look at men a lot differently."

Estopare, who started the law change campaign because the victim is a relative, hopes the bill can be tweaked and gain some traction in January.

She said she is frustrated that Kuchta's record only indicates a battery conviction.

"No one knows what he did," she said. ..Source.. by Geoff Ziezulewicz

Read More of Article...

Article Summary only...

Illinois high court: Comcast must reveal anonymous commenter

6-18-15 Illinois:

SPRINGFIELD, Ill. The Illinois Supreme Court has affirmed a lower court opinion ordering Comcast Cable Communications to identify a subscriber who posted an anonymous message suggesting a political candidate molests children.

The court said Thursday that the internet service provider must identify the subscriber who commented on a 2011 article in the Freeport Journal Standard about Bill Hadley's candidacy for the Stephenson County board.

The commenter, who used the online name "Fuboy," wrote that "Hadley is a Sandusky waiting to be exposed" because he can see an elementary school from his home. The comment was an apparent reference to former Penn State football coach Jerry Sandusky who was convicted of child sex abuse in 2012.

Hadley filed a defamation lawsuit against the commenter and subpoenaed Comcast demanding that it identify the subscriber. ..Source.. by WNDU.com

Read More of Article...

Article Summary only...

Man grabs girl's arm – now he's a sex offender

Adding OLD article.

7-2-2005 Illinois:

Driver's chastisement of 14-year-old who walked in front of car earns stigma

A man who grabbed a 14-year-old girl’s arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a “sex offender,” the Appellate Court of Illinois has ruled.

Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.

The girl testified Barnaby yelled, “Come here, little girl,” when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness.

The trial jury accepted Barnaby’s version of the story, but found him guilty of unlawful restraint of a minor – a sex offense under Illinois law.

As a convicted sex offender, Barnaby is required to be listed on the state’s sex offender registry and must keep authorities informed of his place of residency. He also isn’t allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses.

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was “more likely than not” Barnaby only intended to chastise the girl. “I don’t really see the purpose of registration in this case. I really don’t,” Morse said. “But I feel that I am constrained by the statute.”

Barnaby was not listed on the registry during his appeal, but following the recent ruling by the appellate court, he soon will be.

“This is the most stupid ruling the appellate court has rendered in years,” Frederick Cohn, Barnaby’s attorney, told the Chicago Sun-Times. “If you see a 15-year-old beating up your 8-year-old and you grab that kid’s hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?”

The appellate court agreed it was “unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated,” however it sided with the state’s attorney who argued it is “the proclivity of offenders who restrain children to also commit sex acts or other crimes against them.”

“It is [Barnaby's] actions which have caused him to be stigmatized, not the courts,” reads the decision. ..Source.. by WND.com

---

Orwellian Criminal-JusticeThink > He grabbed girl's arm -- now he's a sex offender

7/4/2005, 1:26:38 PM by AWestCoaster

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm. He said he simply lectured her. She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender. While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested. ..Source..

Read More of Article...

Article Summary only...

No decision made yet on youth prison closures

6-12-15 Illinois:

SPRINGFIELD -- More than a week after Gov. Bruce Rauner said he would close up to two state-run juvenile prisons as part of a budget-cutting move, his administration still isn't saying which facilities are on the chopping block.

Asked Wednesday for an update on the status of the closures, a spokesman for the Illinois Department of Juvenile Justice said a study of the matter is underway.

"The department will need to conduct a comprehensive review of all facilities before commenting on closure criteria and timelines," spokesman Mike Theodore noted.

Rauner, a Republican, announced his plan to close up to two of the state's six juvenile prisons earlier this month as part of a response to the passage of a spending plan that is more than $3 billion out of balance.

Along with closing youth prisons, the governor's plans include shuttering the Hardin County Work Camp -- a minimum-security adult prison in southern Illinois -- and state museum facilities. He also plans to cut off funding for heating and cooling assistance for low-income Illinoisans, as well as slash spending on programs that help the poor with child care costs and the elderly stay out of nursing homes.

He also suspended ongoing efforts to build the proposed Illiana toll road connecting Interstate 55 in Will County with Interstate 65 in Indiana.

In outlining the cuts, Rauner blamed Democrats who control the General Assembly for the unbalanced budget. Two of the six youth centers are represented by Democrats, raising concerns that those are being targeted.

The Illinois Youth Center-Chicago, located on the city's west side, is represented by state Sen. Patricia Van Pelt and state Rep. Pamela Reaves-Harris, both Democrats.

The Harrisburg youth prison is represented by state Sen. Gary Forby of Benton and state Rep. Brandon Phelps of Harrisburg, also both Democrats.

Youth facilities in Kewanee, Pere Marquette, St. Charles and Warrenville are in GOP territories.

Jennifer Vollen-Katz, executive director of the John Howard Association -- a Chicago-based prison watchdog group -- said choosing a facility might be tough.

"Each youth facility has its own kind of personality and strengths and weaknesses," said Vollen-Katz.

Warrenville, for example, is an all-female lockup. Pere Marquette features a more open setting designed to help offenders in their transition back to the outside world.

Kewanee offers treatment programs for sexual offenders and a mental health wing.

Harrisburg serves a large population of male offenders from downstate Illinois. Vollen-Katz said it is important for youth to be jailed closer to home in order to make connections with family easier.

"That certainly argues for facilities spread throughout the state," Vollen-Katz said.

Unlike the state's overcrowded prison system, the number of offenders in the youth system has been dropping. Three facilities have closed in the past dozen years, including Murphysboro, Joliet and Valley View.

Currently, the system has about 1,200 beds, but only 700 are filled.

Vollen-Katz said the Rauner administration should take its time in deciding which facility or facilities to close. And officials should include as many stakeholders as possible in the process, she added.

"I would look at a lot of different factors," Vollen-Katz said. ..Source.. by KURT ERICKSON

Read More of Article...

Article Summary only...

Sex offender workplace registry bill sparks debate

More insanity, if someone is at work how can s/he commit an offense! Am I reading this correctly, the police computers are too stupid to be able to record and transfer the information, between jurisdictions, so they are forcing the registrants to do it for them? Absolutely stupid.., they need to hire competent computer programmers. Or the state should pay the registrant for doing the work for the state!!!!!

3-18-15 Illinois:

State Senator Julie Morrison (D-Deerfield) has introduced a bill that would require convicted sex offenders to register with police in the locales where they work to plug a hole in the state's registry system.

The measure is viewed as a common-sense approach by Highland Park Police Chief Paul Shafer and others in law enforcement, and seen as overly punitive and burdensome by some advocates looking out for offenders' rights.

"To require registrants to appear in person to fill out paperwork accomplishes nothing more than further punishing individuals who have already served their time and who are attempting to support themselves and their families by finding meaningful employment," said Will Mingus, executive director of Illinois Voices for Reform.

The bill is awaiting a hearing in the Senate's criminal law committee. State Senator Donne Trotter (D-Chicago), the chamber's assistant majority leader, has signed on as co-sponsor.

Currently, convicted sex offenders are required to register with police in the jurisdiction where they live. The offender is asked to provide employment information for any job of five or more days in duration.

However, that information is not automatically shared with police in the community where the individual is employed. So investigators looking into a reported offense can't cross-check the description and circumstances against past offenders who work, but don't live in the community.

Highland Park police officer Michael Leonard brought the issue to Shafer's attention after he became aware that a registered sex offender was working at a Highland Park business near a park where children play.

"We did not have any violation or anything, but we were a little troubled by the fact that if we did have an incident that might match what one of the these offenders might do," police wouldn't have access to information that would be helpful, Shafer said. The police chief believes the workplace registration makes sense considering that workers spend 40 hours a week at their place of employment.

"We thought it was appropriate to plug that hole in the law," he said.

Laimutis Nargelenas of the Illinois Association of Chiefs of Police cited one instance in which a registered offender was spending 60 to 70 hours a week on the job in Springfield and was renting an apartment due to the long hours and commute.

"This is very useful information when we conduct these investigations," Nargelenas said. "It's information we need to protect our citizens."

A better solution would be for the Illinois State Police to spend one or two million on their computer system so the reports would be forwarded to other jurisdictions when the person registers, he said.

Last year, the chiefs' association lobbied successfully to expand the registration requirement for offenders attending a college or university. An offender must register both with the police chief or county sheriff in the locale where the institution is located, and the public safety or security director at the college or university.

Nargelenas understands why people affected by the requirements would view the workplace registration as burdensome.

"You're having us register in our community. You are having us register at the university. And now you want us to register where we work?" Nargelenas said of the likely reaction.

"We have to balance the rights of the individual, versus protecting our children."

Under current law, convicted sex offenders must register in person and provide a current photograph, their address, place of employment and phone numbers. They must provide both their age and the victim's age at the time of the offense; the school they attended; any distinguishing body marks; their vehicle license plate numbers; and all e-mail addresses, instant messaging and chat room identities they use. They also must supply the IP addresses of their computers.

Shafer does not see the workplace registration requirement as intrusive, noting police would only use the information in the investigation of a crime.

"I think it is well known that sex offenders have a propensity to violate again," he said. "Based on that, historically, it just makes sense that if someone is working 40 hours a week some place outside of (their home town) at least notify the agency of where they are at." ..Source.. by Karen Berkowitz

Read More of Article...

Article Summary only...

Illinois man freed by DNA after 29 years' imprisonment for murder

2-11-2015 Illinois:

An Illinois man who served 29 years in prison for the rape and murder of a high school girl was freed on Wednesday after DNA evidence cleared him of any link to the crime, officials said.

Prosecutors said on Wednesday they had vacated charges against Christopher Abernathy, 48, who confessed in 1985 to killing Kristina Hickey, 15, in 1984 in Park Forest, Illinois, a southern suburb of Chicago. He was released after a court order, according to Illinois prison records.

Abernathy, who confessed to the crime when he was 18, may have suffered from a "diminished mental capacity," prosecutors said. They tested all available evidence in the case and found that Abernathy's DNA profile matched none of it.

"This is difficult for all parties including the victim's family, but I cannot and will not let a wrongful conviction stand," Cook County State's Attorney Anita Alvarez said in a statement.

At the time of the crime, law enforcement did not have the scientific ability to conduct DNA analysis that exists now, she said.

Alvarez started a "Conviction Integrity Unit" in 2012 to focus on reviewing cases involving questionable convictions. Thirteen defendants have since had their convictions vacated.

Such efforts are part of a national trend, according to the National Registry of Exonerations, a project of the University of Michigan Law School.

The number of people exonerated in the United States in 2014 climbed to a record high 125, partly because of work by prosecutors willing to admit their mistakes, the registry found last month.

Abernathy, who had dated Hickey briefly, was initially questioned by police and released. He was rearrested a year later after police learned he had allegedly made admissions to a friend that he was involved in the murder.

After 30 hours in custody, Abernathy provided a handwritten confession. But Alvarez said his confession contained no significant details of the crime.

Alvarez said her office would begin a cold-case investigation into the murder, working with the Park Forest Police Department.

An attorney for Abernathy was not immediately available for comment. ..Source.. by Mary Wisniewski

Read More of Article...

Article Summary only...

Arlington Heights limits garage sales after sexual assault

2-4-2015 Illinois:

Arlington Heights is now limiting garage sales, months after neighbors blamed an out-of-control number of such events for a home invasion and sexual assault in the Cedar Glen area.

A policy limiting the number of garage sales to three per year on residential property was approved Monday by the village board, according to a recording of the meeting posted on the village website. Garage sales now must be held between 9 a.m. and 6 p.m. and last no more than three consecutive days.

The move is in direct response to the community outcry following a crime that happened in September. A woman reported that she was sexually assaulted when her home in the 2400 block of South Embers Lane was broken into. Neighbors claimed the area was becoming unsafe due to a regular flood of strangers attending garage sales.

Some residents pointed to two homes in the residential area south of the Township High School District 214 headquarters for reportedly hosting frequent events that sometimes last for days and occur several times a month.

In approving the new policy, the village board agreed that it was necessary but debated how the new code amendment would be enforced and whether it was overreaching or unproductive.

The rule does not create a permitting process that would require residents to seek permission to host what is for some a decluttering tradition. Instead, the village's new local law will be addressed on the basis of complaints.

Those thought to be breaking the law would be cited for violating the municipal code. A law enforcement official would document every complaint in support of a ticket.

A judge in Cook County housing court would then likely hear the case, with a fine of up to $750 possible, village officials said.

Trustee Joseph Farwell commented that he didn't want a "permit to wipe our nose every time we sneeze" but that he "wouldn't be surprised" if permits were needed in the future to curb ordinance "abusers."

The village manager said the policy is meant to warn would-be offenders before a citation is necessary, while also avoiding an "overly elaborate process" for law-abiding residents.

But Trustee John Scaletta, who is running for reelection in April, said he was concerned that a judge would throw the cases out in a "he said,she said" situation.

"I'm all for doing something but I just want to make sure what we do is productive," Scaletta said. ..Source.. by Sally Ho

Read More of Article...

Article Summary only...

Lack of suitable housing leaves hundreds of freed inmates in Illinois' prisons

1-25-2015 Illinois:

State prison officials hold close to 1,250 inmates beyond their release dates every year — not because they pose a threat to the public but because they cannot find a place to live that parole officers find suitable, according to court papers and interviews. ..Source..

Read More of Article...

Article Summary only...

Former-state Rep. Keith Farnham pleads guilty to child porn

UPDATE: Keith Farnham now registered as sex offender

See Also: Ex-State Rep. Keith Farnham pleads guilty in child porn case

12-6-2014 Illinois:

Former state Rep. Keith Farnham faces a mandatory minimum of five years in prison after pleading guilty Friday to online trading of thousands of images and videos of child pornography depicting victims as young as toddlers.

Federal prosecutors sought to take Farnham into custody after his guilty plea to a single count of distributing child porn. But U.S. District Judge Edmond Chang allowed him to remain confined at home on electronic monitors, citing serious health problems that include a terminal lung disease, bladder cancer and hepatitis.

Farnham, 67, must register Monday with federal authorities as a sex offender.

Farnham's attorney, Terry Ekl, said his client hopes to begin taking an experimental drug to treat his pulmonary fibrosis — a condition that causes lung tissue to scar — but still would need a lung transplant for any hope of long-term survival. He was scheduled to be sentenced March 19 and could face up to about 15 years in prison under federal guidelines.

"Without a lung transplant, it's likely he's going to die in the penitentiary," Elk told reporters in the courthouse lobby.

Farnham, an Elgin Democrat who resigned his seat in March days after federal agents seized computers from his state office and home, appeared in court with an oxygen tube hooked up to his nose. When the judge asked him what he did for a living, Farnham said quietly, "I was a state representative."

Ekl said he would seek the minimum five-year prison term for Farnham, a Navy veteran who ran an Elgin printing business before running for office in 2009.

Assistant U.S. Attorney Timothy Storino said that investigators found more than 2,750 images of child pornography on Farnham's computers as well as two graphic videos showing victims as young as 2 or 3.

According to Farnham's plea agreement, the pornography was found on computers and electronic storage devices that were seized from his state office, home and car. Authorities also linked a Yahoo email account used by Farnham to an online trading forum in which he chatted with other users about his sexual preferences, according to the charges.

"12 is about as old as i can handle," Farnham allegedly said in one online chat in November 2013, according to a criminal complaint unsealed in April. "i love them at 6 7 8."

In another chat, Farnham allegedly described in detail a sexual encounter he had with a 6-year-old girl, the complaint alleged.

Ekl said the encounter was fictional. While Farnham's "sickness" was disturbing, Ekl said, he "has never, never abused any child, never had any physical contact with a child."

As part of his home confinement, Farnham must to stay off the patio of his condominium because a young child lives nearby. Farnham's wife, Susan, also was ordered to keep her cellphone and computer password protected from Farnham, lock up her iPad and laptop when she's not home, and notify court officials if her husband tried to use any device that could potentially connect to the Internet. ..Source.. by Jason Meisner

Read More of Article...

Article Summary only...

When the Only Crime Is Having a Common Name

7-23-2013 Illinois:

Samuel M. Jackson, of the Chicago area, already has it rough it enough when it comes to name recognition.

But comparisons with the same-named famous actor likely sounded wonderful to him after three other Samuel Jacksons got mixed up into his criminal background report. They're Samuel Jacksons all convicted of sex offenses; two of whom are currently in prison.

"He had a background check company that ran a background report that was grossly inaccurate. Almost laughably so if it wasn’t so outrageous," said attorney Chris Wilmes, who represented the job-seeking Jackson in a lawsuit against the background check company InfoTrack. "He had a background check report that suggested he was a serious, serious sex offender and that he had committed crimes that merited life in prison."

Wilmes said his client has no criminal record. His only fault? Having a common name.

"People with common names -- there is a significant risk that they’re going to get a background check that has nothing to do with them that shows a criminal record that doesn’t exist. And it is going to harm them when they are trying to get employment," according to Paul Strauss of the Chicago Lawyers Committee for Civil Rights, who also worked on the case against InfoTrack.

Samuel M. Jackson, the job-seeker, is white and was 26 years old when the background report was performed. The three Samuel Jacksons whose reports were attached to his name were all decades older, African American convicted sex offenders, two of whom were currently in prison. One of them is incarcerated for a rape that occurred when the job-seeking Jackson was only four years old.

"He was outraged that a background check company would be that sloppy with something that important," Wilmes said of his client.

InfoTrack did not return calls for comment by publication time, but did settle the lawsuit with the job-seeking Samuel M. Jackson. InfoTrack settled for $35,000 and corrected Jackson’s record.

But another example has no such happy ending yet in sight.

In Milwaukee, 29-year-old Dennis Teague has a 13-page criminal background report, riddled with gun and drug offenses. But Dennis Teague has never been arrested and has no criminal record.

"Dennis has done nothing wrong. He’s done absolutely, positively nothing wrong," said his lawyer, Jeff Myer of Legal Action of Wisconsin.

So why does Teague have the record of a career criminal? It goes back at least seven years, when a second cousin who was wanted by law enforcement used Dennis’ name when stopped by police.

"I didn’t do anything wrong, and that’s what I don’t understand right now today. It’s not me, I’m not a felon," Teague says.

Teague, who has a college degree, says the name-based background report delivered to prospective employers by the state of Wisconsin is standing in the way of his employment. He says scores of interviews that seemed promising went nowhere, which didn’t make sense until he says he discovered the misleading records blended with his report.

Teague says he feels like a lifetime of making the right choices is being tossed out with the state’s refusal to disseminate his actual record, which should be "no record."

"I feel like I’m just thrown out. For one, you’ve got to think about: no employer has the time to read 13 pages. So, they probably won’t know to look and say, ‘This is identity theft. Somebody stole his name,'" he explained.

“It’s just wrong for the government to be lying about their citizens," said attorney Myer. "There's no question that an African American male of Dennis' age who is looking for work, is seriously impacted when a criminal background check comes back and says anything other than "no record," and that's what Dennis is entitled to."

Teague is suing the state Department of Justice, asking that it change the way background information is disseminated, especially in the case of identity theft victims.

Wisconsin DoJ did not respond directly to NBC Chicago’s questions, but in court filings has said its system is based on the interests of law enforcement. If a citizen like Teague is impersonated by a criminal, who uses the clean name for an alias, police investigating a case may need to know that. It appears the state does not have a mechanism to produce one report for prospective employers, with a separate one for law enforcement.

In Illinois, an identity theft victim does have a mechanism that severs the thief’s record from his or hers. It is called the Criminal Identification Act.

Wisconsin did offer Teague a letter that confirms his identity is separate from that of his second cousin's, and that he has no criminal record. Teague said he can’t get far enough in an interview process to get much use of the letter.

"[Employers] don’t want to hear that. A lot of employees say, ’Oh , that wasn’t me, somebody used my name.’ They probably hear that all the time.. But with me, it’s the truth," said Teague.

Experts say these kind of incidents point to the need for all consumers to read their own background reports. Federal law requires notification if a job-seeker is denied employment based on a negative background report, but industry observers point out it is often impossible to know if that happens as required.

Consumer rights are laid out in the Fair Credit Reporting Act , but many job-seekers have no idea to what they are entitled if a company orders a background report on them.

The Privacy Rights Clearinghouse publishes a “Jobseeker’s Guide” that lays out frequently asked questions about employment background checks.

An industry group that represents some background check companies also answers frequently asked questions on the topic on its website. ..Source.. by Lisa Parker

Read More of Article...

Article Summary only...

Exonerated man's name pulled from sex offender website

10-28-2013 Illinois:

llinois State Police removed Carl Chatman's name from the sex offender registry this morning, following notification that Chatman had been exonerated in an alleged 2002 rape at the Daley Center and, thus, should not have been on the website.

The mistaken entry was identified after Berwyn police arrested Chatman Sunday because he was listed on the site as an unregistered sex offender.

Russell Ainsworth, who represented Carl Chatman in his wrongful conviction case, said the Berwyn Police Department held Chatman for about two hours, until Ainsworth was able to get to the station and provide documents proving the conviction had been thrown out.

"He is not required to register as a sex offender because he is not a sex offender," Ainsworth said.

It was not immediately clear why Chatman's name showed up on the Illinois sex offender registry website.

The registry is maintained by the Illinois State Police. Spokeswoman Monique Bond said they removed his name after being notified of the error Sunday by Berwyn police.

Bond said individuals on the registry or their lawyers should notify state police of any updates that could allow their names to be removed.

"If someone believes they are mistakenly placed on the list, they would contact us or the registering agency," Bond said.

Berwyn Police Cmdr. Joe Santangelo said the arrest was made as part of a routine sex offender compliance check. He said he planned to review the arrest Monday but believed the situation involved a records glitch.

Chatman's sister, Theresa, said her brother and she were getting ready for church when Berwyn police officers knocked on her door a little before 8 a.m. Theresa Chatman, who spent years trying to prove her brother's innocence, said the police told her they were looking for Carl Chatman.

"When I opened the door, they busted past me and then walked through the home to the kitchen," Theresa Chatman said. "(My brother) just had on his pajama pants drinking his coffee, and they had him in handcuffs."

She said she tried to explain to the police that her brother's conviction had been vacated and that she had the paperwork to prove it, but they arrested him anyway.

Chatman, 58, was sentenced to 30 years in prison for an alleged May 2002 rape of a county employee at the Daley Center. But last month, Cook County prosecutors made the stunning announcement that they doubted the credibility of the woman who brought the allegations against Chatman and no longer believed the sexual assault even took place.

Chatman, who has been diagnosed with schizophrenia and has a low IQ, was released from prison Sept. 10 after 11 years in custody. Since that time, Chatman has been living with his sister and her daughter in west suburban Berwyn.

Sally Daly, a spokeswoman for the Cook County state's attorney's office, said Berwyn police contacted the office about Chatman's case after they arrested him Sunday.

The state's attorney's office told police that Chatman's conviction had been vacated and that he was not required to register as a sex offender, said Daly, who added that she did not know how Chatman's name ended up on the site. The state's attorney's office is not required to notify state police of exonerations, she said.

"He shouldn't have been on the (sex offender) website," Daly said.

Ainsworth said the Berwyn Police Department told him that Chatman had been caught up in a sex offender sweep because he showed up as unregistered.

Police released Chatman around 10 a.m. and notified all Berwyn police officers of the situation, Ainsworth said.

Theresa Chatman said that since her brother's release, they have been trying to adjust to his life at home and his medication schedule and that the arrest Sunday did not help.

"We didn't think that every time we turned around and opened our door, there were going to be police there," Theresa Chatman said. "I mean, come on, when is it going to be over?" ..Source.. by Cynthia Dizikes

Read More of Article...

Article Summary only...

Alderman wants sex offenders banned from libraries in summer

Note this Lawmaker cites zero statistic other than his personal belief. Maybe the general public should be banned because 95% of new sex offenses are caused by folks NOT on the registry..

11-10-2014 Illinois:

Chicago’s 78 public libraries would be off-limits to registered sex offenders during summer months, when the buildings tend to be overrun with children, under a pre-emptive public safety crackdown proposed by a Southwest Side alderman.

Ald. Marty Quinn (13th) said he’s the father three young daughters acting out of concern for his own children and the 600 kids who participated in the summer library program at West Lawn Library, 4020 W. 63rd St.

The library is a block away from the alderman’s ward office.

“We had a graduation ceremony there and I got to thinking about safe havens. If we’re going to be promoting our libraries as safe havens, we have to make sure our laws keep up with the promotion,” Quinn said Thursday, hours after the Catholic Archdiocese of Chicago ordered a massive document dump in the priest sex abuse scandal.

“Nothing happened [at that ceremony]. But, I’m also the father of three little girls. I look at life through a different lens. I want to take precautionary measures for all of the children. This isn’t a reaction to any incident. It’s understanding what we’re doing as a city today. There’s no ban on sexual predators at libraries and I got to thinking that, at the very least, we should" have one.

The ordinance, quietly introduced at Wednesday’s City Council meeting, states that “it shall be unlawful for any registered sex offender to enter or otherwise be present in the Chicago Public Library or any of its branches at any time during the summer.”

The ban would be in effect from June 1 through Aug. 31.

Libraries would be required to post signs outlining the ban “in a conspicuous place” at every entrance. Violators would face daily fines ranging from $500 to $1,000, the ordinance states.

As of Nov. 1, there were 30,328 registered sex offenders in Illinois. The registry includes 27,702 adults and 2,626 adjudicated juveniles whose names are not posted on the state’s website because they are under 18, according Illinois State Police spokesperson Monique Bond.

Shannon Breymaier, a spokesperson for Mayor Rahm Emanuel, withheld judgment on the proposed library ban, except to say: “We are happy to review this proposal and work with the alderman to achieve his objectives.”

Quinn said he’s been working with the city’s Law Department for the last four months — and struggling with the thorny issue of how the ordinance would be enforced.

Since kids do homework in libraries year-round, Quinn was asked why he proposed a ban only during summer months.

“That’s what I’m [still] going back and forth with,” the alderman said. ..Source.. by Fran Spielman

Read More of Article...

Article Summary only...

Trick-or-treaters killed by speeding car

UPDATE: Man Accused of Hitting and Killing Three Trick-or-Treaters

UPDATE: Police arrest 1 in California hit-run crash that killed 3 trick-or-treating girls

Update: Three teen girls killed in hit-and-run while trick-or-treating ID'd

11-1-2014 California:

Trick-or-treating took a tragic turn for three teens in Southern California. Two twin sisters and a friend, all 13-years-old, were hit by an SUV while on a crosswalk near an elementary school in Orange County just before 7:00 p.m. Friday. Authorities say they were thrown more than 100 feet.

"I'm really sad. I can't stop shaking ever since I heard it and I can't stop crying either," one girl said. "They said, 'Oh! Remember the twins?' And I said, 'Yes.' And then they said, 'They died today.' And I was like, 'No! I don't feel like going trick-or-treating anymore.' That's how come I'm so scared right now," said another.

All three were pronounced dead at the scene. According to witnesses, two men were in the Nissan Pathfinder that hit them. The vehicle was abandoned near the scene and police are still looking for the driver.

Halloween was a devastating night for others across the country as a result of car accidents. A family of four was hit while trick-or-treating in the Phoenix area. And others were injured in Washington state, Missouri and Illinois. Two others died in New York and Florida, including a 2-year-old boy. ..Source.. by AOL.com

Read More of Article...

Article Summary only...

Sex offender safety this Halloween season

10-6-2014 Illinois:

QUINCY, ILL. -- Halloween is an evening of collecting candy from homes that line the streets in your neighborhood.

If there are any dangers to your kids like sex offenders, you would know ... or would you?

Connie Walbring is not only a mother, but a grandmother. She says she never thought twice about Halloween and real dangers exist.

"We lived in a safe neighborhood, and my kids just went around the neighborhood and I stayed at home to pass our candy to the rest of the kids," Walbring said.

Adams County States Attorney Jon Barnard says sex offenders are only required to notify the law enforcement agency, they don't have to notify the neighborhood.

"Your address, as well as any change of address, the length of time which you are required to be registered will depend upon the gravity of the offense," Barnard said.

Adams County Sheriff Brent Fischer says if a sex offender's victim was under the age of 17 years old, the offender can not participate with Halloween.

"They cannot have their light on, hand out candy, or be dressed up. However, those where the victim was an adult, they can and are allowed to participate in that case."

While Connie is no longer raising her children, Dianne Corzatt is a mom of a 4-month-old boy. She says her family will go to community organized events such as trunk or treats, the Quincy Mall or to a local church to ensure a family friendly atmosphere.

"You just go around to each station and play games instead of trick or treating so you got candy that way. In the world we live into day, that seems like a very good alternate than going house to house," Corzatt said. ..Source.. by David Amelotti

Read More of Article...

Article Summary only...

Neighborhood upset over sex offender decorating home for Halloween

How is this law worded? Is he prohibited from decorating his home? If so, does that prohibit his wife or someone else (non sex offender) from decorating his home? Who or what does the law pertain to?

9-24-2014 Illinois:

CASEYVILLE, IL (KTVI) – Residents of a Caseyville neighborhood a furious that a home occupied by a registered sex offender is decked out with Halloween decorations. They believe it should be illegal, but officials say the law isn’t that clear.

Illinois law clearly forbids registered sex offenders from handing out candy on Halloween night, but decorating is not specifically mentioned.

The house on Twin Drive has witches, spider webs, pumpkins and a cauldron. A smoke machine is even part of the display. When it turned up, one neighbor, who asked not to be identified, quickly became worried.

“I’m really nervous about the kids in the neighborhood,” she said.

She’s concerned about the presence of Jessie Griffin. Griffin, now 55, was convicted of forcible sexual assault on a 12 year old. It happened seventeen years ago. Now he’s living in a home seemingly geared up for a kid friendly holiday.

“When I saw that, like I said, it was terrifying because there are plenty of children in the neighborhood and they don’t pay attention to those things,” the unidentified neighbor said.

A grandmother living directly across the street wants police involved. “I think that draws kids in and I don’t think they should be allowed to put things like that up if they’re sex offenders,” Jean Everson told us.

But police say it’s not a black and white case. They have been in contact with the St. Clair County State’s Attorney about the issue, but say they need to talk to the two men living in the house before they can make a solid determination about what is or is not legal.

Acting Caseyville Police Chief Frank Moore said, “At this point we feel like we’ve got enough concern that we’re gonna investigate a little bit further and we’ll go from there.”

Griffin does not live alone. Steve Lykins is his roommate. Lykins says he took griffin in a couple of months ago in an effort to help a guy down on his luck.

Lykins tells us the decorations belong to him, and he’s been doing this sort of thing since long before Griffin lived with him. As for the neighbors’ concerns, he says he can understand.

“I can see their thing, but Jessie isn’t bothering nobody. Something that happened in the past 17 years ago and he ain’t never been in trouble about it anymore. Every man needs a break once in a while.”

But across the street, Everson passionately disagrees. “I don’t believe that anybody that harms a child should be given a break or a second chance. Those are babies who can’t defend themselves.”

Police say after they question the residents of the house, they will go back to the States’ Attorney and try to determine if the decorations have to come down. ..Source.. by George Sells

Read More of Article...

Article Summary only...