People ex rel. Birkett v. Konetski

State: Illinois

Docket No: 102667 Rel

Case Date: 05/21/2009

Preview:Docket No. 102667.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. JOSEPH E. BIRKETT, Petitioner, v. HONORABLE JAMES J. KONETSKI et al., Respondents. Opinion filed May 21, 2009.

JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION We allowed the State's motion for leave to file an original mandamus action in this court under Supreme Court Rule 381(a) (188 Ill. 2d R. 381(a)). The State seeks an order compelling the respondent, the Honorable James J. Konetski, to vacate his order exempting the minor, Jared P., from the registration requirement of the Sex Offender Registration Act (Act) (730 ILCS 150/1 et seq. (West 2004)), and to advise the minor of his duty to register under the Act. For the following reasons, we award the order of mandamus.

I. BACKGROUND The minor, Jared P., was charged in a delinquency petition with committing several offenses. Following a bench trial, the circuit court of Du Page County adjudicated him delinquent for committing the offenses of criminal sexual assault and criminal sexual abuse (720 ILCS 5/12

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