Court rules posts of sex offender data legal
December 14, 2004
The Illinois Supreme Court recently ruled that a law requiring the Illinois State Police to list sex offender information on the Internet is constitutional, despite a challenge from John Cornelius, a Champaign resident and convicted sex offender who claimed it violated privacy laws in the Illinois and United States constitutions.
The court decision, written by Chief Justice Mary Ann McMorrow, stated that sex offender information could not be considered private because the information is already available to any member of the public “likely to encounter a sex offender.”
In the case before the court, the landlord of the building Cornelius was living in called police after several female tenants had complained that he had roamed the hallways at night while moaning, peeped at them from his windows and made strange noises.
When police responded, they checked Cornelius’ name in the state’s sex offender database and discovered he had not registered at his new address.
The Circuit Court in Champaign County originally ruled in Cornelius’ favor, but the Illinois Supreme Court overturned the decision.
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The ruling was seen as positive among many in law enforcement. Listing the names, addresses and photographs on the Internet is a valuable source of information for the public, said Lincoln Hampton, Illinois State Police public information officer. The database that stores the names and the Web site is administered by the State Police and updated daily, Hampton said.
Illinois Attorney General Lisa Madigan had put a new emphasis on the maintenance of the list, he said.
Earlier this year, Madigan announced updates to the state’s sex offender database, including links to other states’ sex offender registries, making the site available in Spanish and listing whether a registered sex-offender was “compliant,” meaning the offender is properly registered with the state and his or her location is known.
The Illinois State Offenders Registry Team (ISORT) organized raids to find unregistered sex offenders in Chicago and Rockford this year. Madigan also announced a campaign to create a hotline that tipsters can call if they have information about a sex offender who is not compliant and also to place posters throughout the state to advertise the Web site.
When the University Police Department is informed that a University employee or resident is a registered sex offender, they also post their names and addresses on their Web site. Having the information on the Internet makes it easier for people to find out if they are living or working near a sex offender, said Lt. Dave Nelson of the University Police.
Previously, individuals could request the information by calling, writing or requesting it in person from state police. State police can grant the request if they determined the person who requested it was “likely to encounter a sex offender.”
“The system is much better than it used to be, but there are still some issues,” Nelson said.
He said it is possible that a University could hire a sex offender who is not properly registered and would not be on the University Police Web site. Police are usually informed if a sex offender is going to be living or working on campus by a parole or probation officer, Nelson said.
Nelson said the state police Web site has the most authoritative list.
“It’s up to them to do the research,” he said.
Law enforcement agencies are not required to inform citizens if a registered sex offender has moved near them. However, local police are required to provide the information to local schools and licensed childcare facilities in their district.
When a school in Champaign’s Unit 4 school district is informed that a sex offender has moved into the area, the principal informs the staff of a need for heightened awareness, said Beth Shepperd, the district’s assistant superintendent for human resources and community relations, in an e-mail.
In Illinois, all employees of public schools are required to have a fingerprint background check, she said.
The University conducts criminal background checks on those applying to all classifications of jobs that are considered security sensitive, positions that are not considered security sensitive but involve circumstances such as working with children and all applicants who report a conviction, said Alicia Lowery, manager of employment services at the University.
If an applicant is found to have a past conviction, a committee will review the circumstances of the conviction, but it does not automatically bar a candidate from a position, Lowery said.
Those convicted of the lowest level of offenses are required to register for a period of 10 years. Those convicted of more serious sex offenses must register for the rest of their lives. Convicted sex offenders are also required to inform the authorities where they live and notify the local law enforcement within 10 days of moving to an area in a new jurisdiction.
Nelson also said that a registered sex offender will not necessarily commit another crime in the future.
A study by the U.S. Department of Justice tracked males released for sex offenses in 15 states in 1994. Males made up 92 percent of all prisoners released for sex offenses. The report found 5.3 percent of sex offenders were re-arrested for a new sex crime within three years, and 40 percent of those arrests occurred in the first year.
The study found no clear association between how long a sex offender had been in prison and the likelihood of repeating another crime. The study showed those with more prior arrests were more likely to commit another sex crime. Compared to non-sex offenders, sex-offenders had a lower overall arrest rate for any crime, including violation of probation or parole.
The state police database is found at http://www.isp.state.il/us/sor. Specific details about a case are not available on the Web site; however, court records are public and individuals can search for information in court documents.