* Illinois Auditor General…

FINDING (Noncompliance with extended supervision of sex offender requirements of the Unified Code of Corrections)

The Department of Corrections (Department) failed to report individuals’ progress under the extended supervision of sex offender requirements of the Unified Code of Corrections (Code).

During Fiscal Year 2021 and Fiscal Year 2022, there were a total of 446 and 498, respectively, individuals released under extended mandatory supervision of sex offender requirements. These individuals are defined by the Code (730 ILCS 5/5-8-1(d)(4)) as including those who committed the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, certain offenses of aggravated child pornography, or manufacture or dissemination of child pornography after specified dates, whose terms of mandatory supervised release range from 3 years to life.

During the examination period, the Department did not submit the required progress reports to the chief of police or sheriff in the municipality or county in which the offender resides and is registered.

The Code (730 ILCS 5/3-14-2.5(b)) requires the Department to supervise sex offenders placed on mandatory supervised release in accord with the conditions set by the Prisoner Review Board pursuant to the Code. The Code also states “Commencing 180 days after the offender’s release date and continuing every 180 days thereafter for the duration of the supervision term, the supervising officer shall prepare a progress report detailing the offender’s adjustment and compliance with the conditions of mandatory supervised release including the offender’s participation and progress in sex offender treatment. The progress report shall be submitted to the Prisoner Review Board and copies provided to the chief of police and sheriff in the municipality and county in which the offender resides and is registered.”

Department management stated they did not send the semi-annual progress reports for sex offenders under extended supervision because some Chiefs of Police and Sheriffs indicated they did not want copies of the reports. Management also indicated they believed legislative changes are needed.

Failure to timely prepare and report required information to a sex offender on mandatory supervised release’s local Chief of Police and Sheriff may reduce the effectiveness of governmental monitoring and oversight to identify and manage risks posed to public safety.

RECOMMENDATION

We recommend the Department comply with the sex offender progress report requirements of the Code. We further recommend the Department pursue legislative change if they do not believe the current statutory provisions are reasonable and appropriate.

DEPARTMENT RESPONSE

Recommendation implemented. The Department is in the process of seeking legislative remedy.

I’ve asked IDOC for the list of sheriffs and police chiefs who did not want its semi-annual progress reports for sex offenders under extended supervision, as well as the details of its “legislative remedy.”