y or a place the call on he placed the petition on the court's call so we find that it has to be on the back again order for the navy days to start running as your i didn't fail at noon judge know in both of those cases mccaskill and gets the state argued that once those petitions were filed there was something more that needed to take place before those petitions were considered entered on the docket and therefore the state argued the summary dismissals were appropriate even though they took place more than ninety days after the petitions had been thirty three thirty two is pretty much in line with mccaskill and gibson as well and lentz the two page county circuit court seemed to impose a duty on the petitioner or his counsel to draw  rather the court and lance decided that the ninety day period did not begin to run until long after the petition had been filed because the same promptly to the attention of the trial court so anything to please the petition on the call is due to the  here more than two hundred and twenty five days later it was not in compliance with the ninety day rule under the statute and then to be illinois supreme court's decision in people versus board so however both of those cases relied on the ego in the supreme court's decision in people vs mel chalo one ninety three a second or thirteen that is the case from the year two thousand in which the supreme court considered to be constitutionality of the sex offender registration i'm sorry the sex offender notification and registration act as it existed at that time and the supreme it which leads to the conclusion and impose conviction cases that a person is not in custody is not in custody merely because they are required states exactly what circumstances are appropriate for a trial judge to dismiss titian at the first stage and that is that the petition itself the claims in the petition are frivolous me out there now this issue of standing is an issue that can be a very thorny legal issue which does not need to be addressed at the first stage in this particular case ok and then the state cites another case of people versus benson which is a two fourteen one petition so it's not really relevant here but in any case the case law even that question or standing always has to be the second stage so that means it could come in off the street from a p c and it would have to advance a second stage even if everybody knew that this person was no longer present in the present makes sense i mean could there be some reasonable common sense you know maybe just me could you say that enough itself is without merit is patently without merit judge i don't find a published case where these matters have been this matter of standing has been has been decided about a motion by the state ok i don't think that i also would like to talk a little bit about the requirements of the sets of and the registration act and i know the requirements imposed on sex offenders this is requirements have come a long way not only are sex offenders required to routinely show up at a police station and register if their registration information but that that information is widely disseminated in the community at this stage and they are also i counted at least approximately twenty affirmative restraints under within any school building they can transport suit students to and from school or school activities they cannot be present within one hundred feet up a school bus stop they cannot be present in a playground or recreation area accessible to the public they cannot do within five hundred feet of a school they cannot wait around a public way within five hundred feet of a private building they cannot reside within five hundred feet of a school they cannot reside within five hundred feet of a playground  childcare institution or daycare facility sex offenders cannot decide within five hundred feet of a victim they cannot communicate with a minor using the internet or digital media they cannot be employed by any end  saying that it's not for the public good but what i am saying is that the statutes involved here placed substantial restrictions on the freedom the movement of presidents of people who are registered sex offenders all i'm arguing is that the restrictions are so onerous that he person a coup was wrongly convicted or believes they have a claim for constitutional relief should be able to obtain relief from the person fiction hearing that that's all i'm arguing i'm not arguing be you know against the validity of the sex offender registration or other requirement registration is just a collateral consequence as being greatly modified and the burden on registered sex offenders at this point is extremely onerous and for that he said they should be entitled to seek relief they should have wrong the ninety day rule was violated so in this particular case this petition should have been moved to the second stage no matter what ok the dismissal took place two hundred twenty five days after  was filed ok so that actually should have been considered as a second stage petition no matter what and then also the state said it to brooks and it's argument here petition to the circuit court clerk's office the petition was marked received in the clerk's office on september thirteenth of two thousand and two and then seven days later it was marked by old in the clerk's office that the court to do here in terms of the ninety day rule and then again this is this is something that's not interest in the breeze briefs but he really there are also cases by the illinois supreme court stating that there are certain legal issues that should only be decided that the second stage in one of those cases is a poker player which i can't say to you right now it's not  second stage again another potentially thorny legal issue and i can serve me some additional authority on that particular part of it but i just wanted to bring that to the court's attention and again to say that in this case we don't have to say that every case standing has to be decided at the second stage because in this case well essentially happened was there was a petition that was by law the second