we're here because there's a conflict in how we're reading the statute and at first blush it looks like a complicated statute but for purposes of our case it's actually pretty simple to apply and what makes it really easy to apply is if you keep in mind two propositions the first one is that an offender can only have one registered residence at a time and the second proposition is that once you have their residence it's your residence forever or until you file a change of residence address under section six so with those two propositions in mind what do we have in this case we have to defend it here moving into his belvedere apartment in two thousand and eleven he's there for a while that's register there for a while he goes to the hospital for a few days and then he goes home and when he goes home he's arrested and charged with failing to register at belvedere address under section three belvedere apartment when he moved in because he did register it it was registered that's the simple and easy answer and it's the correct one where we get into trouble here is with started off in the you know i think so because really there those are his obligations under the statute and because we're not talking about it is because the state never charged him with that they've changed the structure discharge so that we're not even involved with with that stage and that's why we're really not talking about it but i think that's why we have a problem here because if you're going to require somebody to register or provid what the legislature intended to provide the notice is the anterior so why do we have a problem here in this case because you want to a hospital it's clear that the legislature never considered this this is an oversight they completely overlook this you have it you have or you have an offender driving down the street he gets hit by a truck he goes to the hospital they bring in there he has surgeries for a month and then they discharge how is that offender supposed to provide an itinerary when he's gone from his home for three or more days he doesn't know is going to get hit he doesn't know how long he's going to be in the hospital and after he's at the hospital for three or more days how is he supposed to register the hospitals attempts temporary domicile in person at the police station when he's laid up in the hospital the legislature never thought about it so that's what that's why we have a problem here because now we have the trial court twisting a lame which of the statute to fill in the gap that was left open by the legislature and so i think that's why we're having a problem because i think you pointed directly at where we should be looking so that's what we have here we have a problem with this notice and then we have all every the courts during his home his apartment why does he have to reregister his home there's nothing in the statute that says that he already registered it and he's never left it as his ho the fiction here is that the hospital is the home this is how the appellate court created this duty that doesn't even exist this is how it works he lives in belvedere he goes to the hospital is saying oh this is his residence and the state's arguing that to all this is his residence that's the fiction well if you can only have one residence at a time and the hospitals the residen in the hospital supposed to do this isn't the purpose of the legislation defense counsel says that that's the date then at mr pierce went to the hospital so can you imagine the conversation that would have happened if mr pearce had a lawyer with them well is best say his in yet from from the reading of the record because a lot of it comes in opening remarks and so forth but apparently he was having some kind of psychiatric problem the family was concerned the police look for  they find him at the hospital in belvedere so very is with the with the police in the hospital belvedere before he's transferred to the hospital in park forest and then when he's in p forest apparently we knew he was in a hospital involving yes and then he goes to france for it and the police then know he's been transferred to this other house right and there was some language in there about him  yes yes the police took it on there that responsibility on its own shoulders to go and register him one they have no obligation to do that that's that's that's the offenders obligation but if this did happen like he goes over there in january five the officer comes over on january five and the officer is they're going to register him and there's a lawyer right there for the defendant you know saying why are you here why are you registering him you have no right to register why he hasn't been here for three days or more yes and then away from his house for three days or more he doesn't have to file an itinerary he doesn't have to report the hospital is anything he has no obligations is why and that brings up another problem here the state was never required to prove that he was had the hospital for three days or more the reason that they framed this prosecution they didn't have to prove just had to prove that hey the officer registered him that's all we have to show that it registration was premature it wasn't even required by the statute so here we have basically a false registration and we have the state claiming that they're basing its prosecution on the false registration saying that false registration it's unnecessary that the state the police had no right to do triggers a duty now to reregister when you go back i mean everywhere you turn in this case there's a problem with how it was some of the terms used as well for instance the terms residence and us and happened if written out that the temporary domicile requirement from the statute you know what they're trying to say that if this is the pell court said it said that he had a legal obligation to make that his residence where he doesn't when he went through both of your to the hospital he has a legal obligation to make this is residence no he doesn't even go to the hospital for one day two days for an appointment he doesn't have a legal obligation it's a violation of a cardinal rule statutory construction you can't read this statute in a way that renders meaningless part of the statute that's what they've done that's what the state has done  physically there with the intense remain tense the residents who were the temporary down sal it's never going to happen they've written out of the statute and apparently the police have also ignored this there's nothing in their forms  a temporary down the cell so they're ignoring it is well you can't use the intent of the legislature to add things that aren't there and that's basically what's been done here they're adding doesn't even require that you can't twist the language to provide some kind of notice that you wish was there but the legislature never contemplated so and then have then end up as a is a prosecution for a offense not only does it subjects offenders to prison time but it also extends their registration period for another ten years or or whatever the register if they have their ten year registration period so there's a lot at stake or ridge type of registration that you're saying that well yeah i mean that once the police take it upon their shoulders to do it they should do it right but if you just look at the registration is it your position that since that by trial counsel has somebody with borderline mental handicap you know that's leaving competent almost and then he's having a psychiatric episode they're having him sign things when there's a problem right off the bat and plus three days he had an obligation to do something yes yes it's an if that had been done properly did he have an obligation under do something when he went when he left the hospital and went back belvedere not under the statute you're saying that the registration he doesn't need to re register no absolutely nothing in the in the statute that says that the notice for going back is provided by the you know you soon that you do that before you go they never considered him a russian see hospitalizations and if they had they would just said if you have to go to the hospital then and you can't your reporting and registering by phone and three days after you are discharged you have to report in person to the police department in your hometown and they can put something like that real simple in the desk you know that's why we have a problem but you can't twist the language to fill in the act yeah so that i mean is this not there will you be addressing the issues structural or yes  it's just based on my reading of the statute it's this is a common sense reading their charge they charged him with failing to register the apartment under section three so that's what they should have been instructed on they should have been instructed that to find him guilty that when he moved into there and establish that apartment his residency didn't register properly under the statute clearly he did i mean if you look back to your question about what  keep track of people because all they have to do is keep track of that residence and they don't have to worry about the offender going off and thinking well this is my residence well that's too bad you still have obligations here that that is your residence so the police don't have to worry about anything and still do told by the offender that i'm vain and it makes it so much easier for the police to keep track of these people for example if there's a residence by the offender he's over here some day and he thinks well this is a wonderful place to live in my mind this is this is now my residence please some have to worry about that because if he's away from here for three more days he has to temporary donna south he'll say well i consider this my residence well now he's just admitted to committing a third violation if that's going to be his residence i needed a final i'm just section six a change of residence address it's currently registered now the latest you know is kind of tough to follow because they didn't want to say residence in the eye to where you know you have to use your current address itinerary they'll know when he is expected to arrive back at home right so why wasn't there church why isn't it why isn't this confusion all pushed to the side if there attorney chose to prosecute the defendant the way it did but what we can say is that you've identified exactly why the temporary absence provision doesn't work in all circumstances  counsel has made that clear because it only works when there is an itinerary when there's plans travel and when the offender can specifically tell the police in that in the location where he's weeks he tells police is going to he's going to go on for two weeks and then the police know that he won't be there for two weeks but help return and and and when he returns don't know that he's back in the case of an offender like this who doesn't know how long he's going to be temporarily absent and he can tell the police i'm going to be temporarily absent for an indefinite period of time and then he goes to the other location in this case the hospital but then when he returns the police have no no way of knowing when that's going to be could be a week could be a month it could be six months and he's in the hospital and what happens is without the additional obligation to register upon his return when his car when it becomes his current address again the police have no way of knowing that he's back and so legislation no because the way the legislature the way the legislature created the framework for the statute is that it created a very simple symbiotic relationship between section three and section six section three says that  an offender is required to to let police know when he's arrived somewhere that he's going to that he's living there and he's going to be saying they're section six allows requires the offender to police know when he's arriving that he's arrived and so that it's not the fault of the legislature for not accounting for it because they did account for it and i ask you about the form the actual form that was used here for filled up with a police officer apparently having says circle we don't know but is it initial registration and there are other choices annual quarterly homeless weekly change been circled and highlighted and my understanding of that is that this was an exhibit that was used at trial and that during the trial the record shows that certain portions of the of the former be circled and highlighted and the reason why it from my aunt from my understanding of how this this form works is that it can work it's not a specific section three former section six form it's just a registration form it can be used for different purposes it can be none of that language if you're through instead of the secondary address which he gives as the belvedere correct so that so as we know from the statute in from section three  and offenders are required to register in person with the police in the jurisdiction where he's staying so so when he's registering this form was used by the forest park police when he was registering in forest park the use of the secondary address line is if it's a if it's an address that outside of forest park's jurisdiction is irrelevant he can't register or maintain the registration of the belvedere address we have by by providing a form to the forest park police registered and that wasn't that wasn't the issue the issue the issue isn't isn't whether or not offenders are going to have a problem registering when they get to the hospital the issue is whether offenders are simply need to register most police departments and the record reflects that in this case in forest park is that the police have generally it's kind of like a beat officer who whose job it is to be president hospital in case somebody arrives that's a sex offender that had requires registration in this case that's exactly what happened the defendant arrived at the hospital he stayed there he knew that he is register there because he was a sex offender and he requested it and then the police officer arrived to upon his return to to notify the police that he's returned and the reason for that is that what the way we want to interpret the statute isn't it isn't specifically to address to address  case here but it's to address all cases and all cases are going to be different and in this case it was very simple he he left and then he came back again and if he had given an itinerary that said that he was going to be back on residence the he is he has to be able to say what day he's returning home and that that's what he fails here that's part of what fails here but our position is that even if he gave even if you provided that information the in order to apply the statute approach in an appropriate way for all offenders he still should be required upon his return to notify the police that he has returned and the reason for that give me just one minute that the first sentences sex offender shall within the time period prescribed in subsection b register in person provide accurate information as required assent second sentence says that such information shall include the offender we look for those the residence and temporary go further on in section three ag so what we see first is the students register the current address and then there's no mention of whether it's a that it's supposed to be a permanent residence and we know the legislature could have used those terms because it does use the term it's later in the statute to describe specifically what types of addresses what types of locations can qualify as a current does hospital it in to the definition of residence for temporary domes right sort of we go there unfortunately the paragraphs in section three are not all number of which would have been a little bit more helpful but if you go to the portion of that section three  that begins for purposes of this article for purposes of this article the place of residence or temporary domiciles is the fine as any and all places where the sex offender resides for an aggregate period of time or three or more days during any calendar  is to register at any location that he stays at for three days or more in the aggregate and that at that location when he's staying there becomes his current address so in this case the defendants the defendant's current address changed rights it changed first when he left his belvedere apartment and went to the hospital the hospital became his current address after he stayed there for three days and he registered it and then it changed the second time when he left the hospital and went back to the belvedere apartment his current address was had changed from its previous his previous current address which is the hospital and became the belvedere apartment and he was required to read your se settling to stay or settling at so within three days of settling to stay at a temporary thomas while he must be registered and it qualifies as a temporary domicile when he stayed there for three days so for example at the hospital he stayed there for three days that's the moment that it becomes a temporary down the cyle right after that he then has a three day window within which to register that and that's because if he is settled to stay there and then statute here is concerned with tracking and monitoring the presence the location and the movements of sex offenders and to know where they are at all times and so in this case the offender was in one location it was registered and the police knew that he there the offender moved to a separate location or moved to a new location whether temporarily or not and the police need to know that he was there and then when he returned the police need to know that he was back the the appellate court disregarded the rule wanted to legislature intended and in this case that's just not the case that's just  connotes something different the mirrorball here it's certainly always the case that the legislature could have done better and i think that that's why we're all we're all here is to interpret their their words but they just how do you react to th the provision that precedes it that language regardless of any initial prior other registration gets context to the word stablish ng and lets us know exactly what what that word was intended to mean and and it it is it's true that there are two alternative arguments and as as far as what what that word establishing means but our position is that in the context of the act and what the legislature intended and in the context of that like you they went to his apartment he was there and as i understand the scenario he was charged because when the officer went to the database did not find at belvedere address as is his residence because the officer at the hospital had changed his residen but yet he was still listed on that form that was executed on january fifth with a secondary address and that's the belvedere address but that's not in the database is that right right and so the real what what's the purpose of putting any information on the form that doesn't open the database there may not be any purpose for putting a secondary address and but again that the secondary address isn't isn't what controls its status that is registering but the reason that the police in this case getting back to your initial point the reason that the police in this case knew that the defend that the defendant was at that location was not because they knew that he was presently living there but because they happened to receive  call about a some an individual acting suspiciously when they when the response that call they learned that the person who who had called could identify the defendant as the individual and they also knew that if he had a known address not that he was living at that address but that he had a known address in belvedere and so in very specific situations like that it might work out the police might it's a small community about twenty five thousand people involved here the police might know know where to look but in communities there are much larger and much major metropolitan areas where there are thousands of sex offenders and people can't necessarily and that's where the statute yes but that would be a that would essentially be a problem with the form not a problem with the statute and so we wouldn't we wouldn't ask for  form we have for the form to be the form to be changed if it needs to be changed with once this court clarifies what the statute means we're not using right we're not basing our interpretation of the statute on  justice tice you know i think that what you brought out is correct with the fountain being at the hospital the bellevue hospital with the police why isn't it sufficient enough to be reporting itinerary they know he's going to the hospital he can't tell them how long he's going to the hospital so that does mean something it does that would be sufficient and as far as having the secondary actress on there it actually does mean something to me it means that the police knew that he lived there in belvedere and they're actually putting that in the form because they know that's where he lives and that's really going to when he leaves that's his home and he's not changing and the fact of the mater is he never filed he reported a change of residence address under section six in this case so that always was his residence and it never changed so  is fire is i can see he had two obligations here this is it this goes back to what justice thomas initially brought out is it his obligations here are one all offenders who are away from their home for three or more days from my home for three days or more so i didn't have to do anything the legislature allows me to be away for two days without reporting s the freedom i have under the statute is only one three days or more kicks in you have to start reporting and register so i did it so i'm not guilty that's what he would say if the state could prove he was there for three or more days then his second offense would be i he didn't commit a voluntary act i was in the hospital i couldn't do these things the third defense would be when the officer came over and started filling out the paperwork he's accepting the responsibility to fill it out properly so whatever he filled out is the functional equivalent of an itinerary and registering the hospital as a temporary down  supposed to be doing it correctly if he's going to take the obligation to come over and start helping the registered that's what his third fence would be in this fourth offense would be that he didn't fact provide an itinerary which goes back to what we're talking about before where he's at the hospital with these officers obviously he's telling me i'm going to the hospital i need to be hospitalized and whatever the officer did at the hospital was register in the hospital it's tempered on a cell as to that would be his defenses and those are the things that he had an obligation to do and what he's being prosecuted now for obligation they're using their tool of using the intent of the legislature that's a tool for trying to figure out what the legislature meant by its words and they're using that tool improperly they're using to put in things that aren't there the legislature never thought about this so how can use it use legislative intent to try to read into the statute something there was no intent they completely overlooked so to say that it's legislative intent they can read that in the statute they're misusing it the reading in legislative intent that didn't exist when they were writing out the statu and we're working and twisting the language to make it fit something that's not there and remember every time the state says change of address that's really means nothing because section six even though it's titled change of address and sam what it's about it's only change of residence address and how do we know that because if you go down it's the body of it that's what it says it says we're all founder changes his residence address he has to report that and then register with the jurisdiction where he's moving what does it mean it means i'm moving he goes in there says i'm moving that's what it's for and that's clearly what it means when you know fender live somewhere and he wants to move actually move somewhere he is obligated to go in and report that and say i movie and then were ever he moved to he has to go in and register that new home in the jurisdiction where he's moving that's how it's supposed to work so if there's no questions then we'd ask that this court please reverse this conviction or in the alternative grant the new trial where there would be proper jury instructions given to the jury thank you thank you case number one two one zero seven through people versus yours will be taken under advisement as agenda number three