People v. Jones
2017 IL App (1st) 143718
| Ill. App. Ct. | 2017Background
- Kevin Jones was charged with failing to report weekly to the Robbins Police under SORA after being registered as a sex offender; he waived a jury and was convicted after a bench trial and sentenced to 3 years’ imprisonment.
- Robbins officers arrested Jones on January 2, 2013; officers learned he was a registered sex offender and that records showed he had been registered on June 29, 2012 as homeless and was informed he must report weekly.
- Records officer Tawasha Walker introduced Jones’s SORA registration form (dated June 29, 2012) showing he acknowledged the duty to report; Jones did not report on or after July 5, 2012.
- The State introduced Jones’s 1979 conviction for attempt rape (initially probation, later prison); the parties disputed whether the statutory 10-year registration period remained in effect in 2012–2013.
- The State argued the 10-year period was tolled by later periods of confinement; however, the State presented no trial evidence detailing Jones’s subsequent incarcerations or the dates that would toll or extend the registration obligation.
- The trial court convicted; on appeal the First District reversed, holding the State failed to prove beyond a reasonable doubt that Jones was required to register in January 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved Jones had a continuing duty to register under SORA in Jan 2013 | The 10-year registration period from the 1979 conviction was tolled by later confinement, extending the duty through 2012–2013 | The 10-year statutory registration period expired long before 2013 and the State produced no evidence of tolling | Reversed: State failed to prove Jones was required to register in Jan 2013 |
| Whether the State proved Jones lacked a fixed residence and thus had to report weekly | Walker’s registration form listed Jones as homeless and she testified Jones was told to report weekly | Jones disputed he was required to report; contested that form/registration alone proved ongoing duty | Not reached: court found failure on the threshold element (duty to register), so did not decide sufficiency re: fixed residence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for reviewing sufficiency of the evidence)
- People v. Woods, 214 Ill. 2d 455 (sufficiency-of-evidence claims not forfeited by failure to raise posttrial motion)
- People v. Cunningham, 212 Ill. 2d 274 (standard for reviewing sufficiency of the evidence)
- People v. Collins, 214 Ill. 2d 206 (reversal only when evidence is so improbable as to create reasonable doubt)
- People v. Molnar, 222 Ill. 2d 495 (purpose of SORA to aid monitoring of sex offenders)
- People v. Brown, 2013 IL 114196 (due process requires proof beyond a reasonable doubt of every fact necessary to constitute the charged crime)