Sen. Kwame Raoul
Filed: 3/2/2012
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1 | AMENDMENT TO SENATE BILL 3638
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2 | AMENDMENT NO. ______. Amend Senate Bill 3638 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Sex | ||||||
5 | Offender Evaluation and Treatment Provider Act. | ||||||
6 | Section 5. Declaration of public policy. The practice of | ||||||
7 | sex offender evaluation and treatment in Illinois is hereby | ||||||
8 | declared to affect the public health, safety and welfare, and | ||||||
9 | to be subject to regulations in the public interest. The | ||||||
10 | purpose of this Act is to establish standards of qualifications | ||||||
11 | for sex offender evaluators and sex offender treatment | ||||||
12 | providers, thereby protecting the public from persons who are | ||||||
13 | unauthorized or unqualified to represent themselves as | ||||||
14 | licensed sex offender evaluators and sex offender treatment | ||||||
15 | providers, and from unprofessional conduct by persons licensed | ||||||
16 | to practice sex offender evaluation and treatment. |
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1 | Section 10. Definitions. As used in this Act: | ||||||
2 | "Address of record" means the designated address recorded | ||||||
3 | by the Department in the applicant's or licensee's application | ||||||
4 | file or license file maintained by the Department's licensure | ||||||
5 | maintenance unit. | ||||||
6 | "Associate sex offender provider" means a person licensed | ||||||
7 | under this Act to conduct sex offender evaluations or provide | ||||||
8 | sex offender treatment services under the supervision of a | ||||||
9 | licensed sex offender treatment evaluator or a licensed sex | ||||||
10 | offender treatment provider. | ||||||
11 | "Board" means the Sex Offender Evaluation and Treatment | ||||||
12 | Licensing and Disciplinary Board. | ||||||
13 | "Department" means the Department of Financial and | ||||||
14 | Professional Regulation. | ||||||
15 | "Licensee" means a person who has obtained a license under | ||||||
16 | this Act. | ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Sex offender evaluation" means a sex-offender specific | ||||||
20 | evaluation that systematically uses a variety of standardized | ||||||
21 | measurements, assessments and information gathered | ||||||
22 | collaterally and through face-to-face interviews. Sex-offender | ||||||
23 | specific evaluations assess risk to the community; identify and | ||||||
24 | document treatment and developmental needs, including safe and | ||||||
25 | appropriate placement settings; determine amenability to |
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1 | treatment; and are the foundation of treatment, supervision, | ||||||
2 | and placement recommendations. | ||||||
3 | "Sex offender evaluator" means a person licensed under this | ||||||
4 | Act to conduct sex offender evaluations. | ||||||
5 | "Sex offender treatment" means a comprehensive set of | ||||||
6 | planned therapeutic interventions and experiences to reduce | ||||||
7 | the risk of further sexual offending and abusive behaviors by | ||||||
8 | the offender. Treatment may include adjunct therapies to | ||||||
9 | address the unique needs of the individual, but must include | ||||||
10 | offense specific services by a treatment provider who meets the | ||||||
11 | qualifications in Section 30 of this Act. Treatment focuses on | ||||||
12 | the situations, thoughts, feelings, and behavior that have | ||||||
13 | preceded and followed past offending (abuse cycles) and | ||||||
14 | promotes change in each area relevant to the risk of continued | ||||||
15 | abusive, offending, or deviant sexual behaviors. Due to the | ||||||
16 | heterogeneity of the persons who commit sex offenses, treatment | ||||||
17 | is provided based on the individualized evaluation and | ||||||
18 | assessment. Treatment is designed to stop sex offending and | ||||||
19 | abusive behavior, while increasing the offender's ability to | ||||||
20 | function as a healthy, pro-social member of the community. | ||||||
21 | Progress in treatment is measured by change rather than the | ||||||
22 | passage of time. | ||||||
23 | "Sex offender treatment provider" means a person licensed | ||||||
24 | under this Act to provide sex offender treatment. | ||||||
25 | Section 15. Duties of the Department. The Department shall |
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1 | exercise the powers and duties prescribed by the Civil | ||||||
2 | Administrative Code of Illinois for administration of | ||||||
3 | licensing acts and shall exercise other powers and duties | ||||||
4 | necessary for effectuating the purpose of this Act. The | ||||||
5 | Department shall adopt rules to implement, interpret, or make | ||||||
6 | specific the provisions and purposes of this Act. | ||||||
7 | Section 20. Sex Offender Evaluation and Treatment Provider | ||||||
8 | Licensing and Disciplinary Board.
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9 | (a) There is established within the Department the Sex | ||||||
10 | Offender Evaluation and Treatment Licensing and Disciplinary | ||||||
11 | Board to be appointed by the Secretary. The Board shall be | ||||||
12 | composed of 8 persons who shall serve in an advisory capacity | ||||||
13 | to the Secretary. The Board shall elect a chairperson and a | ||||||
14 | vice chairperson. | ||||||
15 | (b) In appointing members of the Board, the Secretary shall | ||||||
16 | give due consideration to recommendations by members of the | ||||||
17 | profession of sex offender evaluation and treatment. | ||||||
18 | (c) Three members of the Board shall be sex offender | ||||||
19 | evaluation or treatment providers, or both, who have been in | ||||||
20 | active practice for at least 5 years immediately preceding | ||||||
21 | their appointment. The appointees shall be licensed under this | ||||||
22 | Act. | ||||||
23 | (d) One member shall represent the Department of | ||||||
24 | Corrections. | ||||||
25 | (e) One member shall represent the Department of Human |
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1 | Services. | ||||||
2 | (f) One member shall represent the Administrative Office of | ||||||
3 | Illinois Courts representing the interests of probation | ||||||
4 | services. | ||||||
5 | (g) One member shall represent the Sex Offender Management | ||||||
6 | Board. | ||||||
7 | (h) One member shall be representative of the general | ||||||
8 | public who has no direct affiliation or work experience with | ||||||
9 | the practice of sex offender evaluation and treatment and who | ||||||
10 | clearly represent consumer interests. | ||||||
11 | (i) Board members shall be appointed for a term of 4 years, | ||||||
12 | except that any person chosen to fill a vacancy shall be | ||||||
13 | appointed only for the unexpired term of the Board member whom | ||||||
14 | he or she shall succeed. Upon the expiration of his or her term | ||||||
15 | of office, a Board member shall continue to serve until a | ||||||
16 | successor is appointed and qualified. No member shall be | ||||||
17 | reappointed to the Board for a term that would cause continuous | ||||||
18 | service on the Board to be longer than 8 years. | ||||||
19 | (j) The membership of the Board shall reasonably reflect | ||||||
20 | representation from the various geographic areas of the State. | ||||||
21 | (k) A member of the Board shall be immune from suit in any | ||||||
22 | action based upon any disciplinary proceedings or other | ||||||
23 | activities performed in good faith as a member of the Board. | ||||||
24 | (l) The Secretary may remove a member of the Board for any | ||||||
25 | cause that, in the opinion of the Secretary, reasonably | ||||||
26 | justifies termination. |
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1 | (m) The Secretary may consider the recommendations of the | ||||||
2 | Board on questions of standards of professional conduct, | ||||||
3 | discipline, and qualification of candidates or licensees under | ||||||
4 | this Act. | ||||||
5 | (n) The members of the Board shall be reimbursed for all | ||||||
6 | legitimate, necessary, and authorized expenses. | ||||||
7 | (o) A majority of the Board members currently appointed | ||||||
8 | shall constitute a quorum. A vacancy in the membership of the | ||||||
9 | Board shall not impair the right of a quorum to exercise all | ||||||
10 | the rights and perform all the duties of the Board.
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11 | Section 25. Application. | ||||||
12 | (a) Applications for original licensure shall be made to | ||||||
13 | the Department in writing on forms prescribed by the Department | ||||||
14 | and shall be accompanied by the appropriate documentation and | ||||||
15 | the required fee, which fee is nonrefundable. An application | ||||||
16 | shall require information as, in the judgment of the | ||||||
17 | Department, will enable the Department to pass on the | ||||||
18 | qualifications of the applicant for licensing. | ||||||
19 | (b) A license shall not be denied to an applicant because | ||||||
20 | of the applicant's race, religion, creed, national origin, | ||||||
21 | political beliefs or activities, age, sex, sexual orientation, | ||||||
22 | or physical disability that does not affect a person's ability | ||||||
23 | to practice with reasonable judgment, skill, or safety.
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24 | Section 30. Social Security Number on license application. |
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1 | In addition to any other information required to be contained | ||||||
2 | in the application, every application for an original, renewal, | ||||||
3 | reinstated, or restored license under this Act shall include | ||||||
4 | the applicant's Social Security number. | ||||||
5 | Section 35. Qualifications for licensure. | ||||||
6 | (a)(1) A person is qualified for licensure as a sex | ||||||
7 | offender evaluator if that person: | ||||||
8 | (A) has applied in writing on forms prepared and | ||||||
9 | furnished by the Department; | ||||||
10 | (B) has not engaged or is not engaged in any practice | ||||||
11 | or conduct that would be grounds for disciplining a | ||||||
12 | licensee under Section 75 of this Act; and | ||||||
13 | (C) satisfies the licensure and experience | ||||||
14 | requirements of paragraph (2) of this subsection (a). | ||||||
15 | (2) A person who applies to the Department shall be issued | ||||||
16 | a sex offender evaluator license by the Department if the | ||||||
17 | person meets the qualifications set forth in paragraph (1) of | ||||||
18 | this subsection (a) and provides evidence to the Department | ||||||
19 | that the person: | ||||||
20 | (A) is a physician licensed to practice medicine in all | ||||||
21 | of its branches under the Medical Practice Act of 1987 or | ||||||
22 | licensed under the laws of another state; an advanced | ||||||
23 | practice nurse with psychiatric specialty licensed under | ||||||
24 | the Nurse Practice Act or licensed under the laws of | ||||||
25 | another state; a clinical psychologist licensed under the |
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1 | Clinical Psychologist Licensing Act or licensed under the | ||||||
2 | laws of another state; a licensed clinical social worker | ||||||
3 | licensed under the Clinical Social Work and Social Work | ||||||
4 | Practice Act or licensed under the laws of another state; a | ||||||
5 | licensed clinical professional counselor licensed under | ||||||
6 | the Professional Counselor and Clinical Professional | ||||||
7 | Counselor Licensing Act or licensed under the laws of | ||||||
8 | another state; or a licensed marriage and family therapist | ||||||
9 | licensed under the Marriage and Family Therapist Licensing | ||||||
10 | Act or licensed under the laws of another state; | ||||||
11 | (B) has 400 hours of supervised experience in the | ||||||
12 | treatment or evaluation of sex offenders in the last 4 | ||||||
13 | years, at least 200 of which are face-to-face therapy or | ||||||
14 | evaluation with sex offenders; | ||||||
15 | (C) has completed at least 10 sex offender evaluations | ||||||
16 | under supervision in the past 4 years; and | ||||||
17 | (D) has at least 40 hours of documented training in the | ||||||
18 | specialty of sex offender evaluation, treatment, or | ||||||
19 | management. | ||||||
20 | (b)(1) A person is qualified for licensure as a sex | ||||||
21 | offender treatment provider if that person: | ||||||
22 | (A) has applied in writing on forms prepared and | ||||||
23 | furnished by the Department; | ||||||
24 | (B) has not engaged or is not engaged in any practice | ||||||
25 | or conduct that would be grounds for disciplining a | ||||||
26 | licensee under Section 75 of this Act; and |
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1 | (C) satisfies the licensure and experience | ||||||
2 | requirements of paragraph (2) of this subsection (b). | ||||||
3 | (2) A person who applies to the Department shall be issued | ||||||
4 | a sex offender treatment provider license by the Department if | ||||||
5 | the person meets the qualifications set forth in paragraph (1) | ||||||
6 | of this subsection (c) and provides evidence to the Department | ||||||
7 | that the person: | ||||||
8 | (A) is a physician licensed to practice medicine in all | ||||||
9 | of its branches under the Medical Practice Act of 1987 or | ||||||
10 | licensed under the laws of another state; an advanced | ||||||
11 | practice nurse with psychiatric specialty licensed under | ||||||
12 | the Nurse Practice Act or licensed under the laws of | ||||||
13 | another state; a clinical psychologist licensed under the | ||||||
14 | Clinical Psychologist Licensing Act or licensed under the | ||||||
15 | laws of another state; a licensed clinical social worker | ||||||
16 | licensed under the Clinical Social Work and Social Work | ||||||
17 | Practice Act or licensed under the laws of another state; a | ||||||
18 | licensed clinical professional counselor licensed under | ||||||
19 | the Professional Counselor and Clinical Professional | ||||||
20 | Counselor Licensing Act or licensed under the laws of | ||||||
21 | another state; or a licensed marriage and family therapist | ||||||
22 | licensed under the Marriage and Family Therapist Licensing | ||||||
23 | Act or licensed under the laws of another state; | ||||||
24 | (B) has 400 hours of supervised experience in the | ||||||
25 | treatment of sex offenders in the last 4 years, at least | ||||||
26 | 200 of which are face-to-face therapy with sex offenders; |
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1 | and | ||||||
2 | (C) has at least 40 hours documented training in the | ||||||
3 | specialty of sex offender evaluation, treatment, or | ||||||
4 | management. | ||||||
5 | (c)(1) A person is qualified for licensure as an associate | ||||||
6 | sex offender provider if that person: | ||||||
7 | (A) has applied in writing on forms prepared and | ||||||
8 | furnished by the Department; | ||||||
9 | (B) has not engaged or is not engaged in any practice | ||||||
10 | or conduct that would be grounds for disciplining a | ||||||
11 | licensee under Section 75 of this Act; and | ||||||
12 | (C) satisfies the education and experience | ||||||
13 | requirements of paragraph (2) of this subsection (c).
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14 | (2) A person who applies to the Department shall be issued | ||||||
15 | an associate sex offender provider license by the Department if | ||||||
16 | the person meets the qualifications set forth in paragraph (1) | ||||||
17 | of this subsection (c) and provides evidence to the Department | ||||||
18 | that the person holds a master's degree or higher in social | ||||||
19 | work, psychology, marriage and family therapy, counseling or | ||||||
20 | closely related behavioral science degree, or psychiatry. | ||||||
21 | Section 40. Exemptions. This Act does not prohibit a | ||||||
22 | person licensed under any other Act in this State from engaging | ||||||
23 | in the practice for which he or she is licensed.
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24 | Section 45. License renewal; restoration.
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1 | (a) The expiration date and renewal period for a license | ||||||
2 | issued under this Act shall be set by rule. The holder of a | ||||||
3 | license under this Act may renew that license during the 90 day | ||||||
4 | period immediately preceding the expiration date upon payment | ||||||
5 | of the required renewal fees and demonstrating compliance with | ||||||
6 | any continuing education requirements. The Department shall | ||||||
7 | adopt rules establishing minimum requirements of continuing | ||||||
8 | education and means for verification of the completion of the | ||||||
9 | continuing education requirements. The Department may, by | ||||||
10 | rule, specify circumstances under which the continuing | ||||||
11 | education requirements may be waived. | ||||||
12 | (b) A licensee who has permitted his or her license to | ||||||
13 | expire or who has had his or her license on inactive status may | ||||||
14 | have his or her license restored by making application to the | ||||||
15 | Department and filing proof acceptable to the Department, as | ||||||
16 | defined by rule, of his or her fitness to have his or her | ||||||
17 | license restored, including evidence certifying to active | ||||||
18 | practice in another jurisdiction satisfactory to the | ||||||
19 | Department and by paying the required restoration fee. | ||||||
20 | (c) A licensee whose license expired while he or she was | ||||||
21 | (1) in Federal Service on active duty with the Armed Forces of | ||||||
22 | the United States, or the State Militia called into service or | ||||||
23 | training, or (2) in training or education under the supervision | ||||||
24 | of the United States preliminary to induction into the military | ||||||
25 | service, may have his or her license renewed or restored | ||||||
26 | without paying any lapsed renewal fees if within 2 years after |
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1 | honorable termination of service, training or education he or | ||||||
2 | she furnishes the Department with satisfactory evidence to the | ||||||
3 | effect that he or she has been so engaged and that his or her | ||||||
4 | service, training or education has been terminated.
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5 | Section 50. Inactive status. | ||||||
6 | (a) A licensee who notifies the Department in writing on | ||||||
7 | forms prescribed by the Department, may elect to place his or | ||||||
8 | her license on an inactive status and shall, subject to rules | ||||||
9 | of the Department, be excused from payment of renewal fees | ||||||
10 | until he or she notifies the Department in writing of his or | ||||||
11 | her intent to restore his or her license. | ||||||
12 | (b) A licensee requesting restoration from inactive status | ||||||
13 | shall be required to pay the current renewal fee and shall be | ||||||
14 | required to restore his or her license as provided in Section | ||||||
15 | 45 of this Act. | ||||||
16 | (c) A licensee whose license is in an inactive status shall | ||||||
17 | not practice in the State of Illinois. | ||||||
18 | (d) A licensee who provides sex offender evaluation or | ||||||
19 | treatment services while his or her license is lapsed or on | ||||||
20 | inactive status shall be considered to be practicing without a | ||||||
21 | license which shall be grounds for discipline under this Act. | ||||||
22 | Section 55. Fees. The fees for the administration and | ||||||
23 | enforcement of this Act, including but not limited to original | ||||||
24 | licensure, renewal, and restoration, shall be set by rule of |
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1 | the Department. The fees shall be nonrefundable. | ||||||
2 | Section 60. Deposit of fees and fines. All of the fees and | ||||||
3 | fines collected under this Act shall be deposited into the | ||||||
4 | General Professions Dedicated Fund. | ||||||
5 | Section 65. Payments; penalty for insufficient funds. A | ||||||
6 | person who delivers a check or other payment to the Department | ||||||
7 | that is returned to the Department unpaid by the financial | ||||||
8 | institution upon which it is drawn shall pay to the Department, | ||||||
9 | in addition to the amount already owed to the Department, a | ||||||
10 | fine of $50. The fines imposed by this Section are in addition | ||||||
11 | to any other discipline provided under this Act prohibiting | ||||||
12 | unlicensed practice or practice on a nonrenewed license. The | ||||||
13 | Department shall notify the person that payment of fees and | ||||||
14 | fines shall be paid to the Department by certified check or | ||||||
15 | money order within 30 calendar days after notification. If, | ||||||
16 | after the expiration of 30 days from the date of the | ||||||
17 | notification, the person has failed to submit the necessary | ||||||
18 | remittance, the Department shall automatically terminate the | ||||||
19 | license or deny the application, without hearing. If, after | ||||||
20 | termination or denial, the person seeks a license, he or she | ||||||
21 | shall apply to the Department for restoration or issuance of | ||||||
22 | the license and pay all fees and fines due to the Department. | ||||||
23 | The Department may establish a fee for the processing of an | ||||||
24 | application for restoration of a license to pay all expenses of |
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1 | processing the application. The Secretary may waive the fines | ||||||
2 | due under this Section in individual cases where the Secretary | ||||||
3 | finds that the fines would be unreasonable or unnecessarily | ||||||
4 | burdensome. | ||||||
5 | Section 70. Roster; address change. | ||||||
6 | (a) The Department shall maintain a roster of names and | ||||||
7 | addresses of all persons who hold valid licenses and all | ||||||
8 | persons whose licenses have been suspended or revoked within | ||||||
9 | the previous year. This roster shall be available upon request | ||||||
10 | and payment of the required fee. | ||||||
11 | (b) It is the duty of the applicant or licensee to inform | ||||||
12 | the Department of any change of address, and that change must | ||||||
13 | be made either through the Department's website or by | ||||||
14 | contacting the Department's licensure maintenance unit. | ||||||
15 | Section 75. Refusal, revocation, or suspension.
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16 | (a) The Department may refuse to issue or renew, or may | ||||||
17 | revoke, suspend, place on probation, reprimand, or take other | ||||||
18 | disciplinary or non disciplinary action, as the Department | ||||||
19 | considers appropriate, including the imposition of fines not to | ||||||
20 | exceed $10,000 for each violation, with regard to any license | ||||||
21 | or licensee for any one or more of the following:
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22 | (1) violations of this Act or of the rules adopted | ||||||
23 | under this Act; | ||||||
24 | (2) discipline by the Department under other state law |
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1 | and rules which the licensee is subject to; | ||||||
2 | (3) conviction by plea of guilty or nolo contendere, | ||||||
3 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
4 | sentencing for any crime, including, but not limited to, | ||||||
5 | convictions, preceding sentences of supervision, | ||||||
6 | conditional discharge, or first offender probation, under | ||||||
7 | the laws of any jurisdiction of the United States: (i) that | ||||||
8 | is a felony; or (ii) that is a misdemeanor, an essential | ||||||
9 | element of which is dishonesty, or that is directly related | ||||||
10 | to the practice of the profession; | ||||||
11 | (4) professional incompetence; | ||||||
12 | (5) advertising in a false, deceptive, or misleading | ||||||
13 | manner; | ||||||
14 | (6) aiding, abetting, assisting, procuring, advising, | ||||||
15 | employing, or contracting with any unlicensed person to | ||||||
16 | provide sex offender evaluation or treatment services | ||||||
17 | contrary to any rules or provisions of this Act; | ||||||
18 | (7) engaging in immoral conduct in the commission of | ||||||
19 | any act, such as sexual abuse, sexual misconduct, or sexual | ||||||
20 | exploitation, related to the licensee's practice; | ||||||
21 | (8) engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a character likely to deceive, | ||||||
23 | defraud, or harm the public; | ||||||
24 | (9) practicing or offering to practice beyond the scope | ||||||
25 | permitted by law or accepting and performing professional | ||||||
26 | responsibilities which the licensee knows or has reason to |
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1 | know that he or she is not competent to perform; | ||||||
2 | (10) knowingly delegating professional | ||||||
3 | responsibilities to a person unqualified by training, | ||||||
4 | experience, or licensure to perform; | ||||||
5 | (11) failing to provide information in response to a | ||||||
6 | written request made by the Department within 60 days; | ||||||
7 | (12) having a habitual or excessive use of or addiction | ||||||
8 | to alcohol, narcotics, stimulants, or any other chemical | ||||||
9 | agent or drug which results in the inability to practice | ||||||
10 | with reasonable judgment, skill, or safety; | ||||||
11 | (13) having a pattern of practice or other behavior | ||||||
12 | that demonstrates incapacity or incompetence to practice | ||||||
13 | under this Act; | ||||||
14 | (14) discipline by another state, District of | ||||||
15 | Columbia, territory, or foreign nation, if at least one of | ||||||
16 | the grounds for the discipline is the same or substantially | ||||||
17 | equivalent to those set forth in this Section; | ||||||
18 | (15) a finding by the Department that the licensee, | ||||||
19 | after having his or her license placed on probationary | ||||||
20 | status, has violated the terms of probation; | ||||||
21 | (16) willfully making or filing false records or | ||||||
22 | reports in his or her practice, including, but not limited | ||||||
23 | to, false records filed with State agencies or departments; | ||||||
24 | (17) making a material misstatement in furnishing | ||||||
25 | information to the Department or otherwise making | ||||||
26 | misleading, deceptive, untrue, or fraudulent |
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1 | representations in violation of this Act or otherwise in | ||||||
2 | the practice of the profession; | ||||||
3 | (18) fraud or misrepresentation in applying for or | ||||||
4 | procuring a license under this Act or in connection with | ||||||
5 | applying for renewal of a license under this Act; | ||||||
6 | (19) inability to practice the profession with | ||||||
7 | reasonable judgment, skill, or safety as a result of | ||||||
8 | physical illness, including, but not limited to, | ||||||
9 | deterioration through the aging process, loss of motor | ||||||
10 | skill, or a mental illness or disability; | ||||||
11 | (20) charging for professional services not rendered, | ||||||
12 | including filing false statements for the collection of | ||||||
13 | fees for which services are not rendered; or | ||||||
14 | (21) practicing under a false or, except as provided by | ||||||
15 | law, an assumed name. | ||||||
16 | All fines shall be paid within 60 days of the effective | ||||||
17 | date of the order imposing the fine.
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18 | (b) The Department may refuse to issue or may suspend the | ||||||
19 | license of any person who fails to file a tax return, to pay | ||||||
20 | the tax, penalty, or interest shown in a filed tax return, or | ||||||
21 | to pay any final assessment of tax, penalty, or interest, as | ||||||
22 | required by any tax Act administered by the Illinois Department | ||||||
23 | of Revenue, until such time as the requirements of the tax Act | ||||||
24 | are satisfied in accordance with subsection (g) of Section | ||||||
25 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
26 | (c) The Department shall deny a license or renewal |
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1 | authorized by this Act to a person who has defaulted on an | ||||||
2 | educational loan or scholarship provided or guaranteed by the | ||||||
3 | Illinois Student Assistance Commission or any governmental | ||||||
4 | agency of this State in accordance with item (5) of subsection | ||||||
5 | (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
6 | Illinois. | ||||||
7 | (d) In cases where the Department of Healthcare and Family | ||||||
8 | Services has previously determined that a licensee or a | ||||||
9 | potential licensee is more than 30 days delinquent in the | ||||||
10 | payment of child support and has subsequently certified the | ||||||
11 | delinquency to the Department, the Department may refuse to | ||||||
12 | issue or renew or may revoke or suspend that person's license | ||||||
13 | or may take other disciplinary action against that person based | ||||||
14 | solely upon the certification of delinquency made by the | ||||||
15 | Department of Healthcare and Family Services in accordance with | ||||||
16 | item (5) of subsection (g) of Section 2105-15 of the Civil | ||||||
17 | Administrative Code of Illinois. | ||||||
18 | (e) The determination by a circuit court that a licensee is | ||||||
19 | subject to involuntary admission or judicial admission, as | ||||||
20 | provided in the Mental Health and Developmental Disabilities | ||||||
21 | Code, operates as an automatic suspension. The suspension will | ||||||
22 | end only upon a finding by a court that the patient is no | ||||||
23 | longer subject to involuntary admission or judicial admission | ||||||
24 | and the issuance of a court order so finding and discharging | ||||||
25 | the patient. | ||||||
26 | (f) In enforcing this Act, the Department or Board, upon a |
| |||||||
| |||||||
1 | showing of a possible violation, may compel an individual | ||||||
2 | licensed to practice under this Act, or who has applied for | ||||||
3 | licensure under this Act, to submit to a mental or physical | ||||||
4 | examination, or both, as required by and at the expense of the | ||||||
5 | Department. The Department or Board may order the examining | ||||||
6 | physician to present testimony concerning the mental or | ||||||
7 | physical examination of the licensee or applicant. No | ||||||
8 | information shall be excluded by reason of any common law or | ||||||
9 | statutory privilege relating to communications between the | ||||||
10 | licensee or applicant and the examining physician. The | ||||||
11 | examining physicians shall be specifically designated by the | ||||||
12 | Board or Department. The individual to be examined may have, at | ||||||
13 | his or her own expense, another physician of his or her choice | ||||||
14 | present during all aspects of this examination. The examination | ||||||
15 | shall be performed by a physician licensed to practice medicine | ||||||
16 | in all its branches. Failure of an individual to submit to a | ||||||
17 | mental or physical examination, when directed, shall result in | ||||||
18 | an automatic suspension without hearing.
| ||||||
19 | A person holding a license under this Act or who has | ||||||
20 | applied for a license under this Act who, because of a physical | ||||||
21 | or mental illness or disability, including, but not limited to, | ||||||
22 | deterioration through the aging process or loss of motor skill, | ||||||
23 | is unable to practice the profession with reasonable judgment, | ||||||
24 | skill, or safety, may be required by the Department to submit | ||||||
25 | to care, counseling, or treatment by physicians approved or | ||||||
26 | designated by the Department as a condition, term, or |
| |||||||
| |||||||
1 | restriction for continued, reinstated, or renewed licensure to | ||||||
2 | practice. Submission to care, counseling, or treatment as | ||||||
3 | required by the Department shall not be considered discipline | ||||||
4 | of a license. If the licensee refuses to enter into a care, | ||||||
5 | counseling, or treatment agreement or fails to abide by the | ||||||
6 | terms of the agreement, the Department may file a complaint to | ||||||
7 | revoke, suspend, or otherwise discipline the license of the | ||||||
8 | individual. The Secretary may order the license suspended | ||||||
9 | immediately, pending a hearing by the Department. Fines shall | ||||||
10 | not be assessed in disciplinary actions involving physical or | ||||||
11 | mental illness or impairment. | ||||||
12 | In instances in which the Secretary immediately suspends a | ||||||
13 | person's license under this Section, a hearing on that person's | ||||||
14 | license must be convened by the Department within 15 days after | ||||||
15 | the suspension and completed without appreciable delay. The | ||||||
16 | Department and Board shall have the authority to review the | ||||||
17 | subject individual's record of treatment and counseling | ||||||
18 | regarding the impairment to the extent permitted by applicable | ||||||
19 | federal statutes and regulations safeguarding the | ||||||
20 | confidentiality of medical records. | ||||||
21 | An individual licensed under this Act and subject to action | ||||||
22 | under this Section shall be afforded an opportunity to | ||||||
23 | demonstrate to the Department or Board that he or she can | ||||||
24 | resume practice in compliance with acceptable and prevailing | ||||||
25 | standards under the provisions of his or her license. |
| |||||||
| |||||||
1 | Section 80. Continuing education. The Department shall | ||||||
2 | adopt rules for continuing education for persons licensed under | ||||||
3 | this Act that require a completion of 20 hours of approved sex | ||||||
4 | offender specific continuing education per license renewal | ||||||
5 | period. The Department shall establish by rule a means for the | ||||||
6 | verification of completion of the continuing education | ||||||
7 | required by this Section. This verification may be accomplished | ||||||
8 | through audits of records maintained by the licensee, by | ||||||
9 | requiring the filing of continuing education certificates with | ||||||
10 | the Department, or by other means established by the | ||||||
11 | Department. | ||||||
12 | Section 85. Violations; injunctions; cease and desist | ||||||
13 | order. | ||||||
14 | (a) If a person violates a provision of this Act, the | ||||||
15 | Secretary may, in the name of the People of the State of | ||||||
16 | Illinois, through the Attorney General, petition for an order | ||||||
17 | enjoining the violation or for an order enforcing compliance | ||||||
18 | with this Act. Upon the filing of a verified petition in court, | ||||||
19 | the court may issue a temporary restraining order, without | ||||||
20 | notice or bond, and may preliminarily and permanently enjoin | ||||||
21 | the violation. If it is established that the person has | ||||||
22 | violated or is violating the injunction, the Court may punish | ||||||
23 | the offender for contempt of court. Proceedings under this | ||||||
24 | Section are in addition to, and not in lieu of, all other | ||||||
25 | remedies and penalties provided by this Act. |
| |||||||
| |||||||
1 | (b) If a person engages in sex offender evaluation or | ||||||
2 | treatment or holds himself or herself out as licensee without | ||||||
3 | having a valid license under this Act, then any licensee, any | ||||||
4 | interested party or any person injured thereby may, in addition | ||||||
5 | to the Secretary, petition for relief as provided in subsection | ||||||
6 | (a) of this Section. | ||||||
7 | (c) Whenever in the opinion of the Department a person has | ||||||
8 | violated any provision of this Act, the Department may issue a | ||||||
9 | rule to show cause why an order to cease and desist should not | ||||||
10 | be entered against him or her. The rule shall clearly set forth | ||||||
11 | the grounds relied upon by the Department and shall provide a | ||||||
12 | period of 7 days from the date of the rule to file an answer to | ||||||
13 | the satisfaction of the Department. Failure to answer to the | ||||||
14 | satisfaction of the Department shall cause an order to cease | ||||||
15 | and desist to be issued immediately. | ||||||
16 | Section 90. Unlicensed practice; violation; civil penalty. | ||||||
17 | (a) A person who practices, offers to practice, attempts to | ||||||
18 | practice, or holds himself or herself out to practice as a | ||||||
19 | licensee without being licensed under this Act shall, in | ||||||
20 | addition to any other penalty provided by law, pay a civil | ||||||
21 | penalty to the Department in an amount not to exceed $10,000 | ||||||
22 | for each offense, as determined by the Department. The civil | ||||||
23 | penalty shall be assessed by the Department after a hearing is | ||||||
24 | held in accordance with the provisions of this Act regarding a | ||||||
25 | hearing for the discipline of a licensee. |
| |||||||
| |||||||
1 | (b) The Department may investigate any and all unlicensed | ||||||
2 | activity. | ||||||
3 | (c) The civil penalty shall be paid within 60 days after | ||||||
4 | the effective date of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment from | ||||||
7 | any court of record. | ||||||
8 | Section 95. Investigation; notice and hearing. The | ||||||
9 | Department may investigate the actions or qualifications of any | ||||||
10 | person or persons holding or claiming to hold a license. Before | ||||||
11 | suspending, revoking, placing on probationary status, or | ||||||
12 | taking any other disciplinary action as the Department may deem | ||||||
13 | proper with regard to any license, at least 30 days before the | ||||||
14 | date set for the hearing, the Department shall (i) notify the | ||||||
15 | accused in writing of any charges made and the time and place | ||||||
16 | for a hearing on the charges before the Board, (ii) direct him | ||||||
17 | or her to file a written answer to the charges with the Board | ||||||
18 | under oath within 20 days after the service on him or her of | ||||||
19 | the notice, and (iii) inform him or her that if he or she fails | ||||||
20 | to file an answer, default will be taken against him or her and | ||||||
21 | his or her license may be suspended, revoked, placed on | ||||||
22 | probationary status, or other disciplinary action taken with | ||||||
23 | regard to the license, including limiting the scope, nature, or | ||||||
24 | extent of his or her practice, as the Department may deem | ||||||
25 | proper. In case the person, after receiving notice, fails to |
| |||||||
| |||||||
1 | file an answer, his or her license may, in the discretion of | ||||||
2 | the Department, be suspended, revoked, placed on probationary | ||||||
3 | status, or the Department may take whatever disciplinary action | ||||||
4 | is deemed proper, including limiting the scope, nature, or | ||||||
5 | extent of the person's practice or the imposition of a fine, | ||||||
6 | without a hearing, if the act or acts charged constitute | ||||||
7 | sufficient grounds for that action under this Act. Written | ||||||
8 | notice may be served by personal delivery or by registered or | ||||||
9 | certified mail to the applicant or licensee at his or her last | ||||||
10 | address of record with the Department. In case the person fails | ||||||
11 | to file an answer after receiving notice, his or her license | ||||||
12 | may, in the discretion of the Department, be suspended, | ||||||
13 | revoked, or placed on probationary status, or the Department | ||||||
14 | may take whatever disciplinary action is deemed proper, | ||||||
15 | including limiting the scope, nature, or extent of the person's | ||||||
16 | practice or the imposition of a fine, without a hearing, if the | ||||||
17 | act or acts charged constitute sufficient grounds for that | ||||||
18 | action under this Act. The written answer shall be served by | ||||||
19 | personal delivery, certified delivery, or certified or | ||||||
20 | registered mail to the Department. At the time and place fixed | ||||||
21 | in the notice, the Department shall proceed to hear the charges | ||||||
22 | and the parties or their counsel shall be accorded ample | ||||||
23 | opportunity to present statements, testimony, evidence, and | ||||||
24 | argument as may be pertinent to the charges or to the defense | ||||||
25 | thereto. The Department may continue the hearing from time to | ||||||
26 | time. At the discretion of the Secretary after having first |
| |||||||
| |||||||
1 | received the recommendation of the Board, the accused person's | ||||||
2 | license may be suspended or revoked, if the evidence | ||||||
3 | constitutes sufficient grounds for that action under this Act. | ||||||
4 | Section 100. Record of proceeding. The Department, at its | ||||||
5 | expense, shall preserve a record of all proceedings at the | ||||||
6 | formal hearing of any case. The notice of hearing, complaint | ||||||
7 | and all other documents in the nature of pleadings and written | ||||||
8 | motions filed in the proceedings, the transcript of testimony, | ||||||
9 | the report of the Board and orders of the Department shall be | ||||||
10 | in the record of the proceedings. The Department shall furnish | ||||||
11 | a transcript of the record to any person interested in the | ||||||
12 | hearing upon payment of the fee required under Section 2105-115 | ||||||
13 | of the Department of Professional Regulation Law. | ||||||
14 | Section 105. Subpoenas; oaths; attendance of witnesses. | ||||||
15 | The Department has the power to subpoena and to bring before it | ||||||
16 | any person and to take testimony either orally or by | ||||||
17 | deposition, or both, with the same fees and mileage and in the | ||||||
18 | same manner as prescribed in civil cases in the courts of this | ||||||
19 | State. | ||||||
20 | The Secretary, the designated hearing officer, and every | ||||||
21 | member of the Board has power to administer oaths to witnesses | ||||||
22 | at any hearing that the Department is authorized to conduct and | ||||||
23 | any other oaths authorized in any Act administered by the | ||||||
24 | Department. A circuit court may, upon application of the |
| |||||||
| |||||||
1 | Department or its designee, or of the applicant or licensee | ||||||
2 | against whom proceedings under this Act are pending, enter an | ||||||
3 | order requiring the attendance of witnesses and their | ||||||
4 | testimony, and the production of documents, papers, files, | ||||||
5 | books and records in connection with any hearing or | ||||||
6 | investigation. The court may compel obedience to its order by | ||||||
7 | proceedings for contempt. | ||||||
8 | Section 110. Recommendations for disciplinary action. At | ||||||
9 | the conclusion of the hearing, the Board shall present to the | ||||||
10 | Secretary a written report of its findings and recommendations. | ||||||
11 | The report shall contain a finding whether or not the accused | ||||||
12 | person violated this Act or failed to comply with the | ||||||
13 | conditions required in this Act. The Board shall specify the | ||||||
14 | nature of the violation or failure to comply, and shall make | ||||||
15 | its recommendations to the Secretary. | ||||||
16 | The report of findings and recommendations of the Board | ||||||
17 | shall be the basis for the Department's order for refusal or | ||||||
18 | for the granting of a license, or for any disciplinary action, | ||||||
19 | unless the Secretary shall determine that the Board's report is | ||||||
20 | contrary to the manifest weight of the evidence, in which case | ||||||
21 | the Secretary may issue an order in contravention of the | ||||||
22 | Board's report. The finding is not admissible in evidence | ||||||
23 | against the person in a criminal prosecution brought for the | ||||||
24 | violation of this Act, but the hearing and finding are not a | ||||||
25 | bar to a criminal prosecution brought for the violation of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | Section 115. Rehearing. In a hearing involving | ||||||
3 | disciplinary action against a licensee, a copy of the Board's | ||||||
4 | report shall be served upon the respondent by the Department, | ||||||
5 | either personally or as provided in this Act for the service of | ||||||
6 | the notice of hearing. Within 20 calendar days after service, | ||||||
7 | the respondent may present to the Department a motion in | ||||||
8 | writing for a rehearing that shall specify the particular | ||||||
9 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
10 | then upon the expiration of the time specified for filing a | ||||||
11 | motion, or if a motion for rehearing is denied, then upon | ||||||
12 | denial, the Secretary may enter an order in accordance with | ||||||
13 | recommendations of the Board, except as provided in this Act. | ||||||
14 | If the respondent orders from the reporting service, and pays | ||||||
15 | for, a transcript of the record within the time for filing a | ||||||
16 | motion for rehearing, the 20 calendar day period within which a | ||||||
17 | motion may be filed shall commence upon the delivery of the | ||||||
18 | transcript to the respondent. | ||||||
19 | Section 120. Hearing by other hearing officer. Whenever | ||||||
20 | the Secretary is not satisfied that substantial justice has | ||||||
21 | been done in the revocation, suspension or refusal to issue or | ||||||
22 | renew a license, the Secretary may order a rehearing by the | ||||||
23 | same or other hearing officer. |
| |||||||
| |||||||
1 | Section 125. Appointment of a hearing officer. The | ||||||
2 | Secretary has the authority to appoint any attorney duly | ||||||
3 | licensed to practice law in the State of Illinois to serve as | ||||||
4 | the hearing officer in any action for refusal to issue or renew | ||||||
5 | a license, or to discipline a licensee. The hearing officer has | ||||||
6 | full authority to conduct the hearing. The hearing officer | ||||||
7 | shall report his or her findings and recommendations to the | ||||||
8 | Board and the Secretary. The Board has 60 calendar days from | ||||||
9 | receipt of the report to review the report of the hearing | ||||||
10 | officer and present its findings of fact, conclusions of law | ||||||
11 | and recommendations to the Secretary. If the Board fails to | ||||||
12 | present its report within the 60 calendar day period, the | ||||||
13 | respondent may request in writing a direct appeal to the | ||||||
14 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
15 | days after receipt of the request, issue an order directing the | ||||||
16 | Board to issue its findings of fact, conclusions of law, and | ||||||
17 | recommendations to the Secretary within 30 calendar days after | ||||||
18 | that order. If the Board fails to issue its findings of fact, | ||||||
19 | conclusions of law, and recommendations within that time frame | ||||||
20 | to the Secretary after the entry of the order, the Secretary | ||||||
21 | shall, within 30 calendar days thereafter, issue an order based | ||||||
22 | upon the report of the hearing officer and the record of the | ||||||
23 | proceedings or issue an order remanding the matter back to the | ||||||
24 | hearing officer for additional proceedings in accordance with | ||||||
25 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
26 | fails to issue its findings of fact, conclusions of law, and |
| |||||||
| |||||||
1 | recommendations within the 30 day mandate from the Secretary or | ||||||
2 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
3 | Secretary fails to issue an order within 30 calendar days | ||||||
4 | thereafter, then the hearing officer's report is deemed | ||||||
5 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
6 | any other provision of this Section, if the Secretary, upon | ||||||
7 | review, determines that substantial justice has not been done | ||||||
8 | in the revocation, suspension, or refusal to issue or renew a | ||||||
9 | license or other disciplinary action taken as the result of the | ||||||
10 | entry of the hearing officer's report, the Secretary may order | ||||||
11 | a rehearing by the same or other hearing officer. If the | ||||||
12 | Secretary disagrees with the recommendation of the Board or the | ||||||
13 | hearing officer, the Secretary may issue an order in | ||||||
14 | contravention of the recommendation. | ||||||
15 | Section 130. Order; certified copy. An order or a certified | ||||||
16 | copy of the order, over the seal of the Department and | ||||||
17 | purporting to be signed by the Secretary, shall be prima facie | ||||||
18 | proof: | ||||||
19 | (a) that the signature is the genuine signature of the | ||||||
20 | Secretary; | ||||||
21 | (b) that the Secretary is duly appointed and qualified; and | ||||||
22 | (c) that the Board and its members are qualified to act. | ||||||
23 | Section 135. Restoration. At any time after the suspension | ||||||
24 | or revocation of a license, the Department may restore the |
| |||||||
| |||||||
1 | license to the accused person, upon the written recommendation | ||||||
2 | of the Board, unless after an investigation and a hearing the | ||||||
3 | Board determines that restoration is not in the public | ||||||
4 | interest. | ||||||
5 | Section 140. License surrender. Upon the revocation or | ||||||
6 | suspension of a license, the licensee shall immediately | ||||||
7 | surrender the license to the Department. If the licensee fails | ||||||
8 | to do so, the Department has the right to seize the license. | ||||||
9 | Section 145. Summary suspension. The Secretary may | ||||||
10 | summarily suspend the license of a licensee without a hearing, | ||||||
11 | simultaneously with the institution of proceedings for a | ||||||
12 | hearing provided for in this Act, if the Secretary finds that | ||||||
13 | evidence in his or her possession indicates that a licensee's | ||||||
14 | continuation in practice would constitute an imminent danger to | ||||||
15 | the public. In the event that the Secretary summarily suspends | ||||||
16 | the license of a licensee without a hearing, a hearing by the | ||||||
17 | Board must be held within 30 calendar days after the suspension | ||||||
18 | has occurred. | ||||||
19 | Section 150. Judicial review. All final administrative | ||||||
20 | decisions of the Department are subject to judicial review | ||||||
21 | under the Administrative Review Law and its rules. The term | ||||||
22 | "administrative decision" is defined as in Section 3-101 of the | ||||||
23 | Code of Civil Procedure. |
| |||||||
| |||||||
1 | Proceedings for judicial review shall be commenced in the | ||||||
2 | circuit court of the county in which the party applying for | ||||||
3 | review resides; but if the party is not a resident of this | ||||||
4 | State, the venue shall be in Sangamon County. | ||||||
5 | Section 155. Certification of records. The Department | ||||||
6 | shall not be required to certify any record to the Court or | ||||||
7 | file any answer in court or otherwise appear in any court in a | ||||||
8 | judicial review proceeding, unless there is filed in the court, | ||||||
9 | with the complaint, a receipt from the Department acknowledging | ||||||
10 | payment of the costs of furnishing and certifying the record. | ||||||
11 | Failure on the part of the plaintiff to file the receipt in | ||||||
12 | Court shall be grounds for dismissal of the action. | ||||||
13 | Section 160. Violations; penalties. A person who is found | ||||||
14 | to have violated any provision of this Act is guilty of a Class | ||||||
15 | A misdemeanor for the first offense, and a Class 4 felony for a | ||||||
16 | second and subsequent offense. | ||||||
17 | Section 165. Illinois Administrative Procedure Act. The | ||||||
18 | Illinois Administrative Procedure Act is expressly adopted and | ||||||
19 | incorporated in this Act as if all of the provisions of that | ||||||
20 | Act were included in this Act, except that the provision of | ||||||
21 | paragraph (d) of Section 10-65 of the Illinois Administrative | ||||||
22 | Procedure Act, which provides that at hearings the license | ||||||
23 | holder has the right to show compliance with all lawful |
| |||||||
| |||||||
1 | requirements for retention, continuation or renewal of the | ||||||
2 | certificate, is specifically excluded. For the purpose of this | ||||||
3 | Act the notice required under Section 10-25 of the Illinois | ||||||
4 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
5 | to the last known address of a party. | ||||||
6 | Section 170. Home rule. The regulation and licensing of | ||||||
7 | sex offender evaluators and treatment providers are exclusive | ||||||
8 | powers and functions of the State. A home rule unit may not | ||||||
9 | regulate or license sex offender evaluators and treatment | ||||||
10 | providers. This Section is a denial and limitation of home rule | ||||||
11 | powers and functions under subsection (h) of Section 6 of | ||||||
12 | Article VII of the Illinois Constitution.
| ||||||
13 | Section 172. Confidentiality. All information collected by | ||||||
14 | the Department in the course of an examination or investigation | ||||||
15 | of a licensee or applicant, including, but not limited to, any | ||||||
16 | complaint against a licensee filed with the Department and | ||||||
17 | information collected to investigate the complaint, shall be | ||||||
18 | maintained for the confidential use of the Department and shall | ||||||
19 | not be disclosed. The Department may not disclose the | ||||||
20 | information except to law enforcement officials, other | ||||||
21 | regulatory agencies that have an appropriate regulatory | ||||||
22 | interest as determined by the Secretary, or to a party | ||||||
23 | presenting a lawful subpoena to the Department. Information and | ||||||
24 | documents disclosed to a federal, State, county, or local law |
| |||||||
| |||||||
1 | enforcement agency shall not be disclosed by the agency for any | ||||||
2 | purpose to any other agency or person. A formal complaint filed | ||||||
3 | against a licensee by the Department or any order issued by the | ||||||
4 | Department against a licensee or applicant shall be a public | ||||||
5 | record, except as otherwise prohibited by law. | ||||||
6 | Section 174. Multiple licensure. When a licensee under this | ||||||
7 | Act, who is also a licensee under another statute enforced by | ||||||
8 | the Department, is subject to any disciplinary action including | ||||||
9 | but not limited to the probation, suspension or revocation of | ||||||
10 | any license issued by the Department, the disciplinary action | ||||||
11 | is automatically applied to all licenses held by the licensee | ||||||
12 | by operation of law. | ||||||
13 | Section 175. The Sex Offender Management Board Act is | ||||||
14 | amended by changing Sections 5, 10, 15, 16, 17, 18, 19, and 20 | ||||||
15 | as follows:
| ||||||
16 | (20 ILCS 4026/5)
| ||||||
17 | Sec. 5. Legislative declaration. The General Assembly | ||||||
18 | hereby declares
that the comprehensive evaluation, treatment, | ||||||
19 | identification, counseling, and management continued
| ||||||
20 | monitoring of sex offenders who are subject to the supervision | ||||||
21 | of the
criminal or juvenile justice systems or mental health | ||||||
22 | systems is
necessary in
order to work toward the
elimination of | ||||||
23 | recidivism by such offenders. Therefore, the General Assembly |
| |||||||
| |||||||
1 | hereby creates a program which assists in the education and | ||||||
2 | training of parole, probation, law enforcement, treatment | ||||||
3 | providers and other involved in the management of sex | ||||||
4 | offenders. This program will standardize Therefore, the | ||||||
5 | General Assembly
hereby creates a program which standardizes | ||||||
6 | the evaluation, treatment, identification,
counseling, and | ||||||
7 | management continued monitoring of sex offenders at each stage | ||||||
8 | of the
criminal or juvenile justice systems or mental health | ||||||
9 | systems so
that
those offenders will curtail
recidivistic | ||||||
10 | behavior and the protection of victims and potential victims | ||||||
11 | will
be enhanced. The General Assembly recognizes that some sex | ||||||
12 | offenders
cannot or will not respond to counseling and that, in | ||||||
13 | creating the program
described in this Act, the General | ||||||
14 | Assembly does not intend to imply that
all sex offenders can be | ||||||
15 | successful in treatment counseling .
| ||||||
16 | (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
| ||||||
17 | (20 ILCS 4026/10)
| ||||||
18 | Sec. 10. Definitions. In this Act, unless the context | ||||||
19 | otherwise
requires:
| ||||||
20 | (a) "Board" means the Sex Offender Management Board created | ||||||
21 | in Section 15.
| ||||||
22 | (b) "Sex offender" means any person who is convicted or | ||||||
23 | found delinquent in
the State of Illinois, or under any | ||||||
24 | substantially similar federal law or
law of another state, of | ||||||
25 | any sex offense or attempt of a sex offense as defined
in
|
| |||||||
| |||||||
1 | subsection (c) of this Section, or any former statute of this | ||||||
2 | State that
defined a felony sex offense, or who has been | ||||||
3 | declared certified as a sexually dangerous
person under the | ||||||
4 | Sexually Dangerous Persons Act or declared a sexually
violent | ||||||
5 | person under the Sexually Violent Persons Commitment Act, or | ||||||
6 | any
substantially similar
federal law or law of another state.
| ||||||
7 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
8 | described in this
subsection (c) as follows:
| ||||||
9 | (1) Indecent solicitation of a child, in violation of | ||||||
10 | Section 11-6 of the
Criminal Code of 1961;
| ||||||
11 | (2) Indecent solicitation of an adult, in violation of | ||||||
12 | Section 11-6.5 of
the Criminal Code of 1961;
| ||||||
13 | (3) Public indecency, in violation of Section 11-9 or | ||||||
14 | 11-30 of the Criminal Code of
1961;
| ||||||
15 | (4) Sexual exploitation of a child, in violation of | ||||||
16 | Section 11-9.1 of the
Criminal Code of 1961;
| ||||||
17 | (5) Sexual relations within families, in violation of | ||||||
18 | Section 11-11 of the
Criminal Code of 1961;
| ||||||
19 | (6) Promoting juvenile prostitution or soliciting for | ||||||
20 | a juvenile prostitute, in violation of Section 11-14.4 or | ||||||
21 | 11-15.1
of
the Criminal Code of 1961;
| ||||||
22 | (7) Promoting juvenile prostitution or keeping a place | ||||||
23 | of juvenile prostitution, in violation of Section
11-14.4 | ||||||
24 | or 11-17.1 of the Criminal Code of 1961;
| ||||||
25 | (8) Patronizing a juvenile prostitute, in violation of | ||||||
26 | Section 11-18.1 of
the Criminal Code of 1961;
|
| |||||||
| |||||||
1 | (9) Promoting juvenile prostitution or juvenile | ||||||
2 | pimping, in violation of Section 11-14.4 or 11-19.1 of the | ||||||
3 | Criminal
Code
of 1961;
| ||||||
4 | (10) promoting juvenile prostitution or exploitation | ||||||
5 | of a child, in violation of Section 11-14.4 or 11-19.2 of | ||||||
6 | the
Criminal Code of 1961;
| ||||||
7 | (11) Child pornography, in violation of Section | ||||||
8 | 11-20.1 of the Criminal
Code
of 1961;
| ||||||
9 | (11.5) Aggravated child pornography, in violation of | ||||||
10 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
11 | (12) Harmful material, in violation of Section 11-21 of | ||||||
12 | the Criminal Code
of
1961;
| ||||||
13 | (13) Criminal sexual assault, in violation of Section | ||||||
14 | 11-1.20 or 12-13 of the
Criminal
Code of 1961;
| ||||||
15 | (13.5) Grooming, in violation of Section 11-25 of the | ||||||
16 | Criminal Code of 1961; | ||||||
17 | (14) Aggravated criminal sexual assault, in violation | ||||||
18 | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961;
| ||||||
19 | (14.5) Traveling to meet a minor, in violation of | ||||||
20 | Section 11-26 of the Criminal Code of
1961; | ||||||
21 | (15) Predatory criminal sexual assault of a child, in | ||||||
22 | violation of Section
11-1.40 or 12-14.1 of the Criminal | ||||||
23 | Code of 1961;
| ||||||
24 | (16) Criminal sexual abuse, in violation of Section | ||||||
25 | 11-1.50 or 12-15 of the Criminal
Code of 1961;
| ||||||
26 | (17) Aggravated criminal sexual abuse, in violation of |
| |||||||
| |||||||
1 | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961;
| ||||||
2 | (18) Ritualized abuse of a child, in violation of | ||||||
3 | Section 12-33 of the
Criminal Code of 1961;
| ||||||
4 | (19) An attempt to commit any of the offenses | ||||||
5 | enumerated in this
subsection
(c); or
| ||||||
6 | (20) Any felony offense under Illinois law that is | ||||||
7 | sexually motivated.
| ||||||
8 | (d) "Management" means treatment, counseling, monitoring, | ||||||
9 | and supervision of any sex
offender that conforms to the | ||||||
10 | standards created by the Board under
Section 15.
| ||||||
11 | (e) "Sexually motivated" means one or more of the facts of | ||||||
12 | the underlying
offense indicates conduct that is of a sexual | ||||||
13 | nature or that shows an intent to
engage in behavior of a | ||||||
14 | sexual nature.
| ||||||
15 | (f) "Sex offender evaluator" means a person licensed under | ||||||
16 | the Sex Offender Evaluation and Treatment Provider Act to | ||||||
17 | conduct sex offender evaluations. | ||||||
18 | (g) "Sex offender treatment provider" means a person | ||||||
19 | licensed under the Sex Offender Evaluation and Treatment | ||||||
20 | Provider Act to provide sex offender treatment services. | ||||||
21 | (h) "Associate sex offender provider" means a person | ||||||
22 | licensed under the Sex Offender Evaluation and Treatment | ||||||
23 | Provider Act to provide sex offender evaluations and to provide | ||||||
24 | sex offender treatment under the supervision of a licensed sex | ||||||
25 | offender evaluator or a licensed sex offender treatment | ||||||
26 | provider. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
2 | (20 ILCS 4026/15)
| ||||||
3 | Sec. 15. Sex Offender Management Board; creation; duties.
| ||||||
4 | (a) There is created the Sex Offender Management Board, | ||||||
5 | which shall consist
of 22 20
members. The membership of the | ||||||
6 | Board shall consist of the
following
persons:
| ||||||
7 | (1) Two members appointed by the Governor representing | ||||||
8 | the judiciary, one
representing juvenile court matters and | ||||||
9 | one
representing adult criminal court matters;
| ||||||
10 | (1) (2) One member appointed by the Governor | ||||||
11 | representing Probation
Services based on the | ||||||
12 | recommendation of the Illinois Probation and Court | ||||||
13 | Services Association;
| ||||||
14 | (2) (3) One member appointed by the Governor | ||||||
15 | representing the Department of
Corrections;
| ||||||
16 | (3) One member appointed by the Governor representing | ||||||
17 | the Department of Juvenile Justice; | ||||||
18 | (4) One member appointed by the Governor representing | ||||||
19 | the Department of
Human Services;
| ||||||
20 | (5) One member appointed by the Governor representing | ||||||
21 | the Illinois State
Police;
| ||||||
22 | (6) One member appointed by the Governor representing | ||||||
23 | the Department of
Children and Family Services;
| ||||||
24 | (7) One member appointed by the Attorney General | ||||||
25 | representing the Office
of the Attorney General;
|
| |||||||
| |||||||
1 | (8) One member appointed by the Attorney General who is | ||||||
2 | a licensed mental
health professional with documented | ||||||
3 | expertise in the treatment of sex
offenders;
| ||||||
4 | (9) Two members appointed by the Attorney General who | ||||||
5 | are State's
Attorneys or assistant State's Attorneys, one | ||||||
6 | representing juvenile court
matters and one representing | ||||||
7 | felony court matters;
| ||||||
8 | (10) One member being the Director of the | ||||||
9 | Administrative Office of Illinois Courts or his or her | ||||||
10 | designee; | ||||||
11 | (11) One member being the Cook County State's Attorney | ||||||
12 | or his or her
designee;
| ||||||
13 | (12) (11) One member being the Director of the State's | ||||||
14 | Attorneys Appellate
Prosecutor or his or her designee;
| ||||||
15 | (13) (12) One member being the Cook County Public | ||||||
16 | Defender or his or her
designee;
| ||||||
17 | (14) (13) Two members appointed by the Governor who are | ||||||
18 | representatives
of law enforcement, at least one juvenile | ||||||
19 | officer with juvenile sex offender experience and one sex | ||||||
20 | crime investigator ;
| ||||||
21 | (15) (14) Two members appointed by the Attorney General | ||||||
22 | who are recognized
experts in the field of sexual assault | ||||||
23 | and who can represent sexual assault
victims and victims' | ||||||
24 | rights organizations;
| ||||||
25 | (16) (15) One member being the State Appellate Defender | ||||||
26 | or his or her
designee;
and
|
| |||||||
| |||||||
1 | (17) One member being the President of the Illinois | ||||||
2 | Polygraph Society of his or her designee; | ||||||
3 | (18) (16) One member being the Executive Director of | ||||||
4 | the Criminal Justice
Information Authority or his or her | ||||||
5 | designee ; and | ||||||
6 | (19) One member being the President of the Illinois | ||||||
7 | Chapter of the Association for the Treatment of Sexual | ||||||
8 | Abusers or his or her designee .
| ||||||
9 | (b) The Governor and the Attorney General shall appoint a | ||||||
10 | presiding officer
for the Board
from among the board members | ||||||
11 | appointed under subsection (a) of this
Section, which presiding | ||||||
12 | officer shall serve at the pleasure of the Governor
and the | ||||||
13 | Attorney
General.
| ||||||
14 | (c) Each member of the Board shall demonstrate substantial | ||||||
15 | expertise and
experience in the field of sexual assault.
| ||||||
16 | (d) (1) Any member of the Board created in subsection (a) | ||||||
17 | of this Section
who is appointed under paragraphs (1) through | ||||||
18 | (7) of subsection (a) of
this
Section shall serve at the | ||||||
19 | pleasure of the official who appointed that member,
for a term | ||||||
20 | of 5 years and may be reappointed. The members shall serve
| ||||||
21 | without additional compensation.
| ||||||
22 | (2) Any member of the Board created in subsection (a) of | ||||||
23 | this Section who
is appointed under paragraphs (8) through (19) | ||||||
24 | (14) of subsection (a) of this
Section shall serve for a term | ||||||
25 | of 5 years and may be reappointed. However, the term terms of | ||||||
26 | the member members appointed under paragraph paragraphs (8) of |
| |||||||
| |||||||
1 | subsection (a) of this Section shall end on January 1, 2012 the | ||||||
2 | effective date of this amendatory Act of the 97th General | ||||||
3 | Assembly . Within 30 days after January 1, 2012 the effective | ||||||
4 | date of this amendatory Act of the 97th General Assembly , the | ||||||
5 | Attorney General shall appoint a member under paragraph (8) of | ||||||
6 | subsection (a) of this Section to fill the vacancy created by | ||||||
7 | this amendatory Act of the 97th General Assembly. A person who | ||||||
8 | has previously served as a member of the Board may be | ||||||
9 | reappointed. The term terms of the President of the Illinois | ||||||
10 | Polygraph Society or
his or her designee, the President of the | ||||||
11 | Illinois Chapter of the
Association for the Treatment of Sexual | ||||||
12 | Abusers or his or her designee, and the member representing the | ||||||
13 | Illinois Principal Association ends end on January 1, 2012 the | ||||||
14 | effective date of this amendatory Act of the 97th General | ||||||
15 | Assembly . The members
shall serve without
compensation.
| ||||||
16 | (3) The travel costs associated with membership on the | ||||||
17 | Board created in
subsection (a) of this Section may will be | ||||||
18 | reimbursed subject to availability of
funds.
| ||||||
19 | (e) (Blank). The first meeting of this Board shall be held | ||||||
20 | within 45 days of the
effective date of this Act.
| ||||||
21 | (f) The Board shall carry out the following duties:
| ||||||
22 | (1) The Not later than December 31, 2001,
the
Board | ||||||
23 | shall develop and prescribe separate standardized | ||||||
24 | procedures for the
evaluation and management | ||||||
25 | identification of the offender and recommend behavior
| ||||||
26 | management,
monitoring, and treatment
based upon the |
| |||||||
| |||||||
1 | knowledge that sex
offenders are
extremely habituated and | ||||||
2 | that there is no known cure for the propensity to
commit | ||||||
3 | sex abuse . Periodically, the Board shall review and modify | ||||||
4 | as necessary the standardized procedures based upon | ||||||
5 | current best practices. The Board shall develop and | ||||||
6 | implement measures of success
based upon a no-cure policy | ||||||
7 | for intervention. The Board shall develop and
implement | ||||||
8 | methods of intervention for sex offenders which have as a | ||||||
9 | priority
the physical and psychological safety of victims | ||||||
10 | and potential
victims and which are appropriate to the | ||||||
11 | needs of the particular offender, so
long as there is no | ||||||
12 | reduction of the safety of victims and potential victims.
| ||||||
13 | (2) These standardized procedures that are based on | ||||||
14 | current best practices Not later than December 31, 2001, | ||||||
15 | the Board
shall develop separate guidelines and standards | ||||||
16 | for a system of programs for
the evaluation and treatment
| ||||||
17 | of both juvenile and adult sex
offenders which shall
be | ||||||
18 | utilized with
by offenders who are placed on probation, | ||||||
19 | committed to the Department of
Corrections , Department of | ||||||
20 | Juvenile Justice, or Department of Human Services, or | ||||||
21 | placed on mandatory
supervised release or parole. The | ||||||
22 | programs
developed under this paragraph (f) shall be as | ||||||
23 | flexible as possible so
that the programs may be utilized | ||||||
24 | by each offender to prevent the offender
from harming | ||||||
25 | victims and potential victims. The programs shall be | ||||||
26 | structured
in such a manner that the programs provide a |
| |||||||
| |||||||
1 | continuing monitoring process as
well as a continuum of | ||||||
2 | evaluation and treatment counseling programs for each | ||||||
3 | offender as that offender
proceeds through the justice | ||||||
4 | system. Also, the programs shall
be developed in such a | ||||||
5 | manner that, to the extent possible, the programs may be
| ||||||
6 | accessed by all offenders in the justice system.
| ||||||
7 | (2.5) Not later than July 1, 2013 and annually | ||||||
8 | thereafter, the Board shall provide trainings for agencies | ||||||
9 | that provide supervision and management to sex offenders on | ||||||
10 | best practices for the treatment, evaluation, and | ||||||
11 | supervision of sex offenders. The training program may | ||||||
12 | include other matters relevant to the supervision and | ||||||
13 | management of sex offenders, including, but not limited to, | ||||||
14 | legislative developments and national best practices | ||||||
15 | models. The Board shall hold not less than 2 trainings per | ||||||
16 | year. The Board may develop other training and education | ||||||
17 | programs to promote the utilization of best practices for | ||||||
18 | the effective management of sex offenders as it deems | ||||||
19 | necessary. | ||||||
20 | (3) There is established the Sex Offender Management | ||||||
21 | Board Fund in the
State Treasury into which funds received | ||||||
22 | under any provision of law or from
public or private | ||||||
23 | sources
shall be deposited, and from which funds
shall be | ||||||
24 | appropriated for the purposes set forth in Section 19 of | ||||||
25 | this Act ,
Section 5-6-3 of the Unified Code of Corrections, | ||||||
26 | and Section 3 of the Sex
Offender Registration Act, and the |
| |||||||
| |||||||
1 | remainder shall be
appropriated to the Sex Offender | ||||||
2 | Management Board to carry out its duties and comply with | ||||||
3 | the provisions of this Act for planning and
research .
| ||||||
4 | (4) (Blank). The Board shall develop and prescribe a | ||||||
5 | plan to research and analyze
the effectiveness of the | ||||||
6 | evaluation, identification, and counseling procedures
and | ||||||
7 | programs developed under this Act. The Board shall also | ||||||
8 | develop and
prescribe a system for implementation of the | ||||||
9 | guidelines and standards developed
under paragraph (2) of | ||||||
10 | this subsection (f) and for tracking offenders who
have | ||||||
11 | been subjected to evaluation, identification, and | ||||||
12 | treatment
under
this Act. In addition, the Board shall | ||||||
13 | develop a system for monitoring
offender behaviors and | ||||||
14 | offender adherence to prescribed behavioral changes.
The | ||||||
15 | results of the tracking and behavioral monitoring shall be | ||||||
16 | a part of any
analysis made under this paragraph (4).
| ||||||
17 | (g) The Board may promulgate rules as are necessary to | ||||||
18 | carry
out the duties of the Board.
| ||||||
19 | (h) The Board and the individual members of the Board shall | ||||||
20 | be immune from
any liability, whether civil or criminal, for | ||||||
21 | the good faith performance of
the duties of the Board as | ||||||
22 | specified in this Section.
| ||||||
23 | (Source: P.A. 97-257, eff. 1-1-12.)
| ||||||
24 | (20 ILCS 4026/16)
| ||||||
25 | Sec. 16. Sex offender evaluation and identification |
| |||||||
| |||||||
1 | required.
| ||||||
2 | (a) Beginning on January 1, 2004 the effective date of this | ||||||
3 | amendatory Act of the 93rd
General Assembly , each felony sex | ||||||
4 | offender who is to be considered for
probation shall
be | ||||||
5 | required as part of the pre-sentence or social investigation to | ||||||
6 | submit to
an evaluation for treatment, an evaluation for risk, | ||||||
7 | and procedures for
monitoring of behavior to protect victims | ||||||
8 | and potential victims developed
pursuant to item (1) of | ||||||
9 | subsection (f) of Section 15 of this Act.
| ||||||
10 | (b) Beginning on January 1, 2014 the The evaluation | ||||||
11 | required by subsection (a) of this Section shall be by a sex | ||||||
12 | offender evaluator or associate sex offender provider as | ||||||
13 | defined in Section 10 of this Act an
evaluator approved by the | ||||||
14 | Sex Offender Management Board and shall be at the
expense of | ||||||
15 | the person evaluated, based upon that person's ability to pay | ||||||
16 | for
such treatment.
| ||||||
17 | (Source: P.A. 93-616, eff. 1-1-04.) | ||||||
18 | (20 ILCS 4026/17)
| ||||||
19 | Sec. 17. Sentencing of sex offenders; treatment based upon | ||||||
20 | evaluation and
identification required.
| ||||||
21 | (a) Each felony sex offender sentenced by the court for a | ||||||
22 | sex offense shall
be
required as a part of any sentence to | ||||||
23 | probation, conditional release, or
periodic imprisonment to | ||||||
24 | undergo treatment based upon the recommendations of
the | ||||||
25 | evaluation made pursuant to Section 16 or based upon any |
| |||||||
| |||||||
1 | subsequent
recommendations by the Administrative Office of the | ||||||
2 | Illinois Courts or the
county probation department, whichever | ||||||
3 | is appropriate. Beginning on January 1, 2014 the Any such | ||||||
4 | treatment and
monitoring shall be at a facility or with a sex | ||||||
5 | offender treatment provider or associate sex offender provider | ||||||
6 | as defined in Section 10 of this Act person approved by the | ||||||
7 | Board and at
the such offender's own expense based upon the | ||||||
8 | offender's ability to pay for such
treatment.
| ||||||
9 | (b) Beginning on January 1, 2004 the effective date of this | ||||||
10 | amendatory Act of the 93rd
General Assembly , each sex offender | ||||||
11 | placed on parole or mandatory supervised
release by the | ||||||
12 | Prisoner Review Board shall be required as a condition of | ||||||
13 | parole
to undergo treatment based upon any evaluation or | ||||||
14 | subsequent reevaluation
regarding such offender during the | ||||||
15 | offender's incarceration or any period of
parole. Beginning on | ||||||
16 | January 1, 2014 the Any such treatment shall be by a sex | ||||||
17 | offender treatment provider or associate sex offender provider | ||||||
18 | as defined in Section 10 of this Act an individual approved by | ||||||
19 | the Board and
at the offender's expense based upon the | ||||||
20 | offender's ability to pay for such
treatment.
| ||||||
21 | (Source: P.A. 93-616, eff. 1-1-04.) | ||||||
22 | (20 ILCS 4026/18)
| ||||||
23 | Sec. 18. Sex offender treatment contracts with providers. | ||||||
24 | The county
probation department or the Department of Human | ||||||
25 | Services shall not employ or
contract with and shall not allow |
| |||||||
| |||||||
1 | a sex offender to employ or contract with any
individual or | ||||||
2 | entity to provide sex offender evaluation or treatment services
| ||||||
3 | pursuant to this Act unless the sex offender evaluation or | ||||||
4 | treatment services
provided are by a person licensed under the | ||||||
5 | Sex Offender Evaluation and Treatment Provider Act an | ||||||
6 | individual approved by the Board pursuant to item (2) of
| ||||||
7 | subsection (f) of Section 15 of this Act.
| ||||||
8 | (Source: P.A. 93-616, eff. 1-1-04.) | ||||||
9 | (20 ILCS 4026/19)
| ||||||
10 | Sec. 19. Sex Offender Management Board Fund.
All | ||||||
11 | unobligated and unexpended moneys remaining in the Sex Offender | ||||||
12 | Management Board Fund on the effective date of this amendatory | ||||||
13 | Act of the 97th General Assembly shall be transferred into the | ||||||
14 | General Professions Dedicated Fund, a special fund in the State | ||||||
15 | treasury, to be expended for use by the Department of Financial | ||||||
16 | and Professional Regulation for the purpose of implementing the | ||||||
17 | provisions of the Sex Offender Evaluation and Treatment | ||||||
18 | Provider Act with the exception of $5,000 which shall remain in | ||||||
19 | the Fund for use by the Board. | ||||||
20 | (a) Any and all practices endorsed or required under this | ||||||
21 | Act, including
but
not limited
to evaluation, treatment, or | ||||||
22 | monitoring of programs that are or may be
developed by the | ||||||
23 | agency
providing supervision
or the Department of Corrections
| ||||||
24 | shall be at the expense of the person evaluated or treated, | ||||||
25 | based upon the
person's ability to pay.
If it is determined by |
| |||||||
| |||||||
1 | the agency providing supervision
or the Department of
| ||||||
2 | Corrections that the person does not have the ability to pay
| ||||||
3 | for practices
endorsed or required by this Act, the agency | ||||||
4 | providing supervision of the sex
offender shall
request | ||||||
5 | reimbursement for services required under this Act for which | ||||||
6 | the agency has provided funding. The
agency providing | ||||||
7 | supervision
or the Department of Corrections
shall develop | ||||||
8 | factors to be considered and criteria to determine a person's
| ||||||
9 | ability to pay. The
Sex Offender Management Board shall | ||||||
10 | coordinate the expenditures of moneys from
the Sex Offender | ||||||
11 | Management Board Fund. The Board shall allocate moneys
| ||||||
12 | deposited in this
Fund among the agency providing supervision
| ||||||
13 | or the Department of Corrections.
| ||||||
14 | (b) (Blank). Up to 20% of this Fund shall be retained by | ||||||
15 | the Sex Offender
Management Board for administrative costs, | ||||||
16 | including staff, incurred pursuant
to this Act.
| ||||||
17 | (c) Monies expended for this Fund shall be used to comply | ||||||
18 | with the provisions of this Act supplement, not
replace | ||||||
19 | offenders' self-pay, or county appropriations for probation | ||||||
20 | and court
services.
| ||||||
21 | (d) Interest earned on monies deposited in this Fund may be | ||||||
22 | used by
the Board for its administrative costs and expenses.
| ||||||
23 | (e) In addition to the funds provided by the sex offender, | ||||||
24 | counties,
or Departments providing treatment, the Board shall | ||||||
25 | explore funding sources
including but not limited to State, | ||||||
26 | federal, and private funds.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-616, eff. 1-1-04; 94-706, eff. 6-1-06 .)
| ||||||
2 | (20 ILCS 4026/20)
| ||||||
3 | Sec. 20. Report to the General Assembly. The Board shall | ||||||
4 | submit an annual report to the General Assembly regarding the | ||||||
5 | training and educational programs developed and presented Upon | ||||||
6 | completion of the duties
prescribed in paragraphs (1) and (2) | ||||||
7 | of subsection (f) of Section 15, the Board
shall make a report | ||||||
8 | to the General
Assembly regarding the standardized procedures | ||||||
9 | developed under this
Act, the standardized programs developed | ||||||
10 | under this Act, the
plans for implementation developed under | ||||||
11 | this Act, and the plans for
research and analysis developed | ||||||
12 | under this Act.
| ||||||
13 | (Source: P.A. 90-133, eff. 7-22-97.)
| ||||||
14 | Section 180. The State Finance Act is amended by changing | ||||||
15 | Section 6z-38 as follows:
| ||||||
16 | (30 ILCS 105/6z-38)
| ||||||
17 | Sec. 6z-38. General Professions Dedicated Fund. The | ||||||
18 | General Professions
Dedicated Fund is created in the State | ||||||
19 | treasury. Moneys in the Fund shall be
invested and earnings on | ||||||
20 | the investments shall be retained in the Fund. Moneys
in the | ||||||
21 | Fund shall be appropriated to the Department of Professional | ||||||
22 | Regulation
for the ordinary and contingent expenses of the | ||||||
23 | Department , except for moneys transferred under Section 19 of |
| |||||||
| |||||||
1 | the Sex Offender Management Board Act which shall be | ||||||
2 | appropriated for the purpose of implementing the provisions of | ||||||
3 | the Sex Offender Evaluation and Treatment Provider Act . Moneys | ||||||
4 | in the Fund
may be transferred to the Professions Indirect Cost | ||||||
5 | Fund as authorized by
Section 2105-300 of the Department of | ||||||
6 | Professional Regulation Law
(20 ILCS 2105/2105-300).
| ||||||
7 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
8 | Section 185. The Sexually Dangerous Persons Act is amended | ||||||
9 | by changing Section 8 as follows: | ||||||
10 | (725 ILCS 205/8) (from Ch. 38, par. 105-8)
| ||||||
11 | Sec. 8. If the respondent is found to be a sexually | ||||||
12 | dangerous person then
the court shall appoint the Director of | ||||||
13 | Corrections guardian of the person
found to be sexually | ||||||
14 | dangerous and such person shall stand committed to the
custody | ||||||
15 | of such guardian. The Director of Corrections as guardian shall
| ||||||
16 | keep safely the person so committed until the person has | ||||||
17 | recovered and is
released as hereinafter provided. The Director | ||||||
18 | of Corrections as guardian
shall provide care and treatment for | ||||||
19 | the person committed to him designed
to effect recovery.
Any | ||||||
20 | treatment provided under this Section shall be in conformance | ||||||
21 | with the
standards promulgated by the Sex Offender Management | ||||||
22 | Board Act and conducted by
a
treatment provider licensed under | ||||||
23 | the Sex Offender Evaluation and Treatment Provider Act approved | ||||||
24 | by the Board .
The Director may place that ward in any facility |
| |||||||
| |||||||
1 | in the
Department of Corrections or portion thereof set aside | ||||||
2 | for the care and
treatment of sexually dangerous persons. The | ||||||
3 | Department of Corrections may
also request another state | ||||||
4 | Department or Agency to examine such person and
upon such | ||||||
5 | request, such Department or Agency shall make such examination
| ||||||
6 | and the Department of Corrections may, with the consent of the | ||||||
7 | chief
executive officer of such other Department or Agency, | ||||||
8 | thereupon place such
person in the care and treatment of such | ||||||
9 | other Department or
Agency.
| ||||||
10 | (Source: P.A. 92-786, eff. 8-6-02; 93-616, eff. 1-1-04.)
| ||||||
11 | Section 190. The Sexually Violent Persons Commitment Act is | ||||||
12 | amended by changing Sections 10, 40, 55, 60, and 65 as follows: | ||||||
13 | (725 ILCS 207/10)
| ||||||
14 | Sec. 10. Notice to the Attorney General and State's | ||||||
15 | Attorney.
| ||||||
16 | (a) In this Act, "agency with jurisdiction" means the | ||||||
17 | agency
with the authority or duty to release or discharge the | ||||||
18 | person.
| ||||||
19 | (b) If an agency with jurisdiction has control or custody | ||||||
20 | over
a person who may meet the criteria for commitment as a | ||||||
21 | sexually
violent person, the agency with jurisdiction shall | ||||||
22 | inform the
Attorney General and the State's Attorney in a | ||||||
23 | position to file a
petition under paragraph (a)(2) of Section | ||||||
24 | 15 of this Act regarding the
person as soon as possible |
| |||||||
| |||||||
1 | beginning 3 months prior to the applicable
date of the | ||||||
2 | following:
| ||||||
3 | (1) The anticipated release from imprisonment or the
| ||||||
4 | anticipated entry into mandatory supervised release of a | ||||||
5 | person
who has been convicted of a sexually violent | ||||||
6 | offense.
| ||||||
7 | (2) The anticipated release from a Department of | ||||||
8 | Corrections
correctional facility or juvenile correctional | ||||||
9 | facility of a
person adjudicated delinquent under Section | ||||||
10 | 5-20 of the Juvenile
Court Act of 1987 (now repealed) or | ||||||
11 | found guilty under Section 5-620 of that
Act, on the basis | ||||||
12 | of a sexually violent offense.
| ||||||
13 | (3) The discharge or conditional release of a person | ||||||
14 | who has
been found not guilty of a sexually violent offense | ||||||
15 | by reason of
insanity under Section 5-2-4 of
the Unified | ||||||
16 | Code of Corrections.
| ||||||
17 | (c) The agency with jurisdiction shall provide the Attorney
| ||||||
18 | General and the State's Attorney with all of the following:
| ||||||
19 | (1) The person's name, identifying factors, | ||||||
20 | anticipated
future residence and offense history;
| ||||||
21 | (2) A comprehensive evaluation of the person's mental
| ||||||
22 | condition, the basis upon which a determination has been | ||||||
23 | made that
the person is subject to commitment under | ||||||
24 | subsection (b) of Section 15 of this
Act and a | ||||||
25 | recommendation for action in furtherance of the purposes
of | ||||||
26 | this Act. The evaluation shall be conducted in conformance |
| |||||||
| |||||||
1 | with the
standards developed under the Sex Offender | ||||||
2 | Management Board Act and by an
evaluator licensed under the | ||||||
3 | Sex Offender Evaluation and Treatment Provider Act | ||||||
4 | approved by the Board ; and
| ||||||
5 | (3) If applicable, documentation of any treatment and | ||||||
6 | the
person's adjustment to any institutional placement.
| ||||||
7 | (d) Any agency or officer, employee or agent of an agency | ||||||
8 | is
immune from criminal or civil liability for any acts or | ||||||
9 | omissions
as the result of a good faith effort to comply with | ||||||
10 | this Section.
| ||||||
11 | (Source: P.A. 93-616, eff. 1-1-04.)
| ||||||
12 | (725 ILCS 207/40)
| ||||||
13 | Sec. 40. Commitment.
| ||||||
14 | (a) If a court or jury determines that the person who is | ||||||
15 | the
subject of a petition under Section 15 of this Act is a | ||||||
16 | sexually
violent person, the court shall order the person to be | ||||||
17 | committed
to the custody of the Department for control, care | ||||||
18 | and treatment
until such time as the person is no longer a | ||||||
19 | sexually violent
person.
| ||||||
20 | (b) (1) The court shall enter an initial commitment order | ||||||
21 | under
this Section pursuant to a hearing held as soon as | ||||||
22 | practicable
after the judgment is entered that the person | ||||||
23 | who is the subject of a
petition under Section 15 is a | ||||||
24 | sexually violent person.
If the court lacks sufficient | ||||||
25 | information to make the
determination required by |
| |||||||
| |||||||
1 | paragraph (b)(2) of this Section
immediately after trial, | ||||||
2 | it may adjourn the hearing and order the
Department to | ||||||
3 | conduct a predisposition investigation or a
supplementary | ||||||
4 | mental examination, or both, to assist the court in
framing | ||||||
5 | the commitment order. If the Department's examining | ||||||
6 | evaluator previously rendered an opinion that the person | ||||||
7 | who is the subject of a petition under Section 15 does not | ||||||
8 | meet the criteria to be found a sexually violent person, | ||||||
9 | then another evaluator shall conduct the predisposition | ||||||
10 | investigation and/or supplementary mental examination. A | ||||||
11 | supplementary mental examination
under this Section shall | ||||||
12 | be conducted in accordance with Section
3-804 of the Mental | ||||||
13 | Health and Developmental Disabilities Code.
The State has | ||||||
14 | the right to have the person evaluated by experts chosen by | ||||||
15 | the State.
| ||||||
16 | (2) An order for commitment under this Section shall | ||||||
17 | specify
either institutional care in a secure facility, as | ||||||
18 | provided under
Section 50 of this Act, or conditional | ||||||
19 | release. In determining
whether commitment shall be for | ||||||
20 | institutional care in a secure
facility or for conditional | ||||||
21 | release, the court shall consider the
nature and | ||||||
22 | circumstances of the behavior that was the basis of the
| ||||||
23 | allegation in the petition under paragraph (b)(1) of | ||||||
24 | Section 15, the person's
mental history and present mental | ||||||
25 | condition, and what
arrangements are available to ensure | ||||||
26 | that the person has access to
and will participate in |
| |||||||
| |||||||
1 | necessary treatment.
All treatment, whether in | ||||||
2 | institutional care, in a secure facility, or while
on
| ||||||
3 | conditional release, shall be conducted in conformance
| ||||||
4 | with the standards developed under the Sex Offender | ||||||
5 | Management Board
Act and conducted by a treatment provider | ||||||
6 | licensed under the Sex Offender Evaluation and Treatment | ||||||
7 | Provider Act approved by the Board .
The Department shall
| ||||||
8 | arrange for control, care and treatment of the person in | ||||||
9 | the least
restrictive manner consistent with the | ||||||
10 | requirements of the person
and in accordance with the | ||||||
11 | court's commitment order.
| ||||||
12 | (3) If the court finds that the person is appropriate | ||||||
13 | for
conditional release, the court shall notify the | ||||||
14 | Department. The
Department shall prepare a plan that | ||||||
15 | identifies the treatment and
services, if any, that the | ||||||
16 | person will receive in the community.
The plan shall | ||||||
17 | address the person's need, if any, for
supervision, | ||||||
18 | counseling, medication, community support services,
| ||||||
19 | residential services, vocational services, and alcohol or | ||||||
20 | other
drug abuse treatment. The Department may contract | ||||||
21 | with a county
health department, with another public agency | ||||||
22 | or with a private
agency to provide the treatment and | ||||||
23 | services identified in the
plan. The plan shall specify who | ||||||
24 | will be responsible for
providing the treatment and | ||||||
25 | services identified in the plan. The
plan shall be | ||||||
26 | presented to the court for its approval within 60
days |
| |||||||
| |||||||
1 | after the court finding that the person is appropriate for
| ||||||
2 | conditional release, unless the Department and the person | ||||||
3 | to be
released request additional time to develop the plan.
| ||||||
4 | The conditional release program operated under this | ||||||
5 | Section is not
subject to the provisions of the Mental | ||||||
6 | Health and Developmental Disabilities
Confidentiality Act.
| ||||||
7 | (4) An order for conditional release places the person | ||||||
8 | in
the custody and control of the Department. A person on
| ||||||
9 | conditional release is subject to the conditions set by the | ||||||
10 | court
and to the rules of the Department. Before a person | ||||||
11 | is placed on
conditional release by the court under this | ||||||
12 | Section, the court
shall so notify the municipal police | ||||||
13 | department and county sheriff
for the municipality and | ||||||
14 | county in which the person will be
residing. The | ||||||
15 | notification requirement under this Section does
not apply | ||||||
16 | if a municipal police department or county sheriff
submits | ||||||
17 | to the court a written statement waiving the right to be
| ||||||
18 | notified. Notwithstanding any other provision in the Act, | ||||||
19 | the person being supervised on conditional release shall | ||||||
20 | not reside at the same street address as another sex | ||||||
21 | offender being supervised on conditional release under | ||||||
22 | this Act, mandatory supervised release, parole, probation, | ||||||
23 | or any other manner of supervision. If the Department | ||||||
24 | alleges that a released person has
violated any condition | ||||||
25 | or rule, or that the safety of others
requires that | ||||||
26 | conditional release be revoked, he or she may be
taken into |
| |||||||
| |||||||
1 | custody under the rules of the Department.
| ||||||
2 | At any time during which the person is on conditional | ||||||
3 | release, if the
Department determines that the person has | ||||||
4 | violated any condition or rule, or
that the safety of | ||||||
5 | others requires that conditional release be revoked, the
| ||||||
6 | Department may request the Attorney General or State's | ||||||
7 | Attorney to request the
court to issue an emergency ex | ||||||
8 | parte order directing any law enforcement
officer
to take | ||||||
9 | the person into custody and transport the person to the | ||||||
10 | county jail.
The Department may request, or the Attorney | ||||||
11 | General or State's Attorney may
request independently of | ||||||
12 | the Department, that a petition to revoke conditional
| ||||||
13 | release be filed. When a petition is filed, the court may | ||||||
14 | order the Department
to issue a notice to the person to be | ||||||
15 | present at the Department or other
agency designated by the | ||||||
16 | court, order a summons to the person to be present, or
| ||||||
17 | order a body attachment for all law enforcement officers to | ||||||
18 | take the person
into custody and transport him or her to | ||||||
19 | the county jail, hospital, or
treatment
facility.
The
| ||||||
20 | Department shall submit a statement showing probable cause | ||||||
21 | of the
detention and a petition to revoke the order for | ||||||
22 | conditional
release to the committing court within 48 hours | ||||||
23 | after the
detention. The court shall hear the petition | ||||||
24 | within 30 days,
unless the hearing or time deadline is | ||||||
25 | waived by the detained
person. Pending the revocation | ||||||
26 | hearing, the Department may detain
the person in a jail, in |
| |||||||
| |||||||
1 | a hospital or treatment facility. The
State has the burden | ||||||
2 | of proving by clear and convincing evidence
that any rule | ||||||
3 | or condition of release has been violated, or that
the | ||||||
4 | safety of others requires that the conditional release be
| ||||||
5 | revoked. If the court determines after hearing that any | ||||||
6 | rule or
condition of release has been violated, or that the | ||||||
7 | safety of
others requires that conditional release be | ||||||
8 | revoked, it may revoke
the order for conditional release | ||||||
9 | and order that the released
person be placed in an | ||||||
10 | appropriate institution until the person is
discharged | ||||||
11 | from the commitment under Section 65 of this Act or
until | ||||||
12 | again placed on conditional release under Section 60 of | ||||||
13 | this
Act.
| ||||||
14 | (5) An order for conditional release places the person | ||||||
15 | in the custody,
care, and control of the Department. The | ||||||
16 | court shall order the person be
subject to the following | ||||||
17 | rules of conditional release, in addition to any other
| ||||||
18 | conditions ordered, and the person shall be given a | ||||||
19 | certificate setting forth
the
conditions of conditional | ||||||
20 | release. These conditions shall be that the person:
| ||||||
21 | (A) not violate any criminal statute of any | ||||||
22 | jurisdiction;
| ||||||
23 | (B) report to or appear in person before such | ||||||
24 | person or agency as
directed by the court and the | ||||||
25 | Department;
| ||||||
26 | (C) refrain from possession of a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon;
| ||||||
2 | (D) not leave the State without the consent of the | ||||||
3 | court or, in
circumstances in which the reason for the | ||||||
4 | absence is of such an emergency
nature, that prior | ||||||
5 | consent by the court is not possible without the prior
| ||||||
6 | notification and approval of the Department;
| ||||||
7 | (E) at the direction of the Department, notify | ||||||
8 | third parties of the
risks that may be occasioned by | ||||||
9 | his or her criminal record or sexual offending
history | ||||||
10 | or characteristics, and permit the supervising officer | ||||||
11 | or agent to make
the
notification requirement;
| ||||||
12 | (F) attend and fully participate in assessment, | ||||||
13 | treatment, and behavior
monitoring including, but not | ||||||
14 | limited to, medical, psychological or psychiatric
| ||||||
15 | treatment specific to sexual offending, drug | ||||||
16 | addiction, or alcoholism, to the
extent appropriate to | ||||||
17 | the person based upon the recommendation and findings
| ||||||
18 | made in the Department evaluation or based upon any | ||||||
19 | subsequent recommendations
by the Department;
| ||||||
20 | (G) waive confidentiality allowing the court and | ||||||
21 | Department access to
assessment or treatment results | ||||||
22 | or both;
| ||||||
23 | (H) work regularly at a Department approved | ||||||
24 | occupation or pursue a
course of study or vocational | ||||||
25 | training and notify the Department within
72 hours of | ||||||
26 | any change in employment, study, or training;
|
| |||||||
| |||||||
1 | (I) not be employed or participate in any volunteer | ||||||
2 | activity that
involves contact with children, except | ||||||
3 | under circumstances approved in advance
and in writing | ||||||
4 | by the Department officer;
| ||||||
5 | (J) submit to the search of his or her person, | ||||||
6 | residence, vehicle, or
any personal or
real property | ||||||
7 | under his or her control at any time by the Department;
| ||||||
8 | (K) financially support his or her dependents and | ||||||
9 | provide the Department
access
to any requested | ||||||
10 | financial information;
| ||||||
11 | (L) serve a term of home confinement, the | ||||||
12 | conditions of which shall be
that the person:
| ||||||
13 | (i) remain within the interior premises of the | ||||||
14 | place designated for
his or her confinement during | ||||||
15 | the hours designated by the Department;
| ||||||
16 | (ii) admit any person or agent designated by | ||||||
17 | the Department into the
offender's place of | ||||||
18 | confinement at any time for purposes of verifying | ||||||
19 | the
person's compliance with the condition of his | ||||||
20 | or her confinement;
| ||||||
21 | (iii) if deemed necessary by the Department, | ||||||
22 | be placed on an
electronic monitoring device;
| ||||||
23 | (M) comply with the terms and conditions of an | ||||||
24 | order of protection
issued by the court pursuant to the | ||||||
25 | Illinois Domestic Violence Act of 1986. A
copy of the | ||||||
26 | order of protection shall be
transmitted to the |
| |||||||
| |||||||
1 | Department by the clerk of the court;
| ||||||
2 | (N) refrain from entering into a designated | ||||||
3 | geographic area except upon
terms the Department finds | ||||||
4 | appropriate. The terms may include
consideration of | ||||||
5 | the purpose of the entry, the time of day, others | ||||||
6 | accompanying
the person, and advance approval by the | ||||||
7 | Department;
| ||||||
8 | (O) refrain from having any contact, including | ||||||
9 | written or oral
communications, directly or | ||||||
10 | indirectly, with certain specified persons
including, | ||||||
11 | but not limited to, the victim or the victim's family, | ||||||
12 | and
report any incidental contact with the victim or | ||||||
13 | the victim's family to
the Department within 72 hours; | ||||||
14 | refrain from entering onto the premises of,
traveling
| ||||||
15 | past,
or loitering near the victim's residence, place | ||||||
16 | of employment, or other places
frequented by the | ||||||
17 | victim;
| ||||||
18 | (P) refrain from having any contact, including | ||||||
19 | written or oral
communications, directly or | ||||||
20 | indirectly, with particular types of persons,
| ||||||
21 | including but not limited to members of street gangs, | ||||||
22 | drug users, drug dealers,
or prostitutes;
| ||||||
23 | (Q) refrain from all contact, direct or indirect, | ||||||
24 | personally, by
telephone, letter, or through another | ||||||
25 | person, with minor children without prior
| ||||||
26 | identification and approval of the Department;
|
| |||||||
| |||||||
1 | (R) refrain from having in his or her body the | ||||||
2 | presence of alcohol
or any illicit drug prohibited by | ||||||
3 | the Cannabis Control Act, the
Illinois
Controlled | ||||||
4 | Substances Act, or the Methamphetamine Control and | ||||||
5 | Community Protection Act, unless prescribed by a | ||||||
6 | physician, and submit samples
of his or her breath, | ||||||
7 | saliva, blood, or urine
for tests to determine the
| ||||||
8 | presence of alcohol or any illicit drug;
| ||||||
9 | (S) not establish a dating, intimate, or sexual | ||||||
10 | relationship with a
person without prior written | ||||||
11 | notification to the Department;
| ||||||
12 | (T) neither possess or have under his or her | ||||||
13 | control any material that
is
pornographic, sexually | ||||||
14 | oriented, or sexually stimulating, or that depicts or
| ||||||
15 | alludes to sexual activity or depicts minors under the | ||||||
16 | age of 18, including but
not limited to visual, | ||||||
17 | auditory, telephonic, electronic media, or any matter
| ||||||
18 | obtained through access to any computer or material | ||||||
19 | linked to computer access
use;
| ||||||
20 | (U) not patronize any business providing sexually | ||||||
21 | stimulating or
sexually oriented entertainment nor | ||||||
22 | utilize "900" or
adult telephone numbers or any other | ||||||
23 | sex-related telephone numbers;
| ||||||
24 | (V) not reside near, visit, or be in or about | ||||||
25 | parks, schools, day care
centers, swimming pools, | ||||||
26 | beaches, theaters, or any other places where minor
|
| |||||||
| |||||||
1 | children congregate without advance approval of the | ||||||
2 | Department and report any
incidental contact with | ||||||
3 | minor children to the Department within 72 hours;
| ||||||
4 | (W) not establish any living arrangement or | ||||||
5 | residence without prior
approval of the Department;
| ||||||
6 | (X) not publish any materials or print any | ||||||
7 | advertisements without
providing a copy of the | ||||||
8 | proposed publications to the Department officer and
| ||||||
9 | obtaining
permission prior to publication;
| ||||||
10 | (Y) not leave the county except with prior | ||||||
11 | permission of the Department
and provide the | ||||||
12 | Department officer or agent with written travel routes | ||||||
13 | to and
from work and any other designated destinations;
| ||||||
14 | (Z) not possess or have under his or her control | ||||||
15 | certain specified items
of
contraband related to the | ||||||
16 | incidence of sexually offending items including video
| ||||||
17 | or
still camera items or children's toys;
| ||||||
18 | (AA) provide a written daily log of activities as | ||||||
19 | directed by the
Department;
| ||||||
20 | (BB) comply with all other special conditions that | ||||||
21 | the Department may
impose that restrict the person from | ||||||
22 | high-risk situations and limit access or
potential | ||||||
23 | victims.
| ||||||
24 | (6) A person placed on conditional release and who | ||||||
25 | during the term
undergoes mandatory drug or alcohol testing | ||||||
26 | or is assigned to be
placed on an approved electronic |
| |||||||
| |||||||
1 | monitoring device may be ordered to pay all
costs | ||||||
2 | incidental to the mandatory drug or alcohol testing and all
| ||||||
3 | costs incidental to the approved electronic monitoring in | ||||||
4 | accordance with the
person's ability to pay those costs. | ||||||
5 | The Department may establish reasonable
fees for the cost | ||||||
6 | of maintenance, testing, and incidental expenses related | ||||||
7 | to
the mandatory drug or alcohol testing and all costs | ||||||
8 | incidental to
approved electronic monitoring.
| ||||||
9 | (Source: P.A. 96-1128, eff. 1-1-11.)
| ||||||
10 | (725 ILCS 207/55)
| ||||||
11 | Sec. 55. Periodic reexamination; report.
| ||||||
12 | (a) If a person has been committed under Section 40 of this | ||||||
13 | Act
and has not been discharged under Section 65 of this Act, | ||||||
14 | the
Department shall submit a written report to the court on | ||||||
15 | his or her mental
condition within 6 months after an initial | ||||||
16 | commitment under
Section 40 and then at least once every 12 | ||||||
17 | months thereafter for
the purpose of determining whether the | ||||||
18 | person has made sufficient
progress to be conditionally | ||||||
19 | released or discharged. At the time of
a reexamination under | ||||||
20 | this Section, the person who has been
committed may retain or, | ||||||
21 | if he or she is indigent and so requests,
the court may appoint | ||||||
22 | a qualified expert or a professional person
to examine him or | ||||||
23 | her.
| ||||||
24 | (b) Any examiner conducting an examination under this | ||||||
25 | Section
shall prepare a written report of the examination no |
| |||||||
| |||||||
1 | later than 30
days after the date of the examination. The | ||||||
2 | examiner shall place
a copy of the report in the person's | ||||||
3 | health care records and shall
provide a copy of the report to | ||||||
4 | the court that committed the
person under Section 40.
The | ||||||
5 | examination shall be conducted in conformance with the | ||||||
6 | standards
developed under the Sex Offender Management Board Act | ||||||
7 | and by an evaluator licensed under the Sex Offender Evaluation | ||||||
8 | and Treatment Provider Act
approved by the Board .
| ||||||
9 | (c) Notwithstanding subsection (a) of this Section, the | ||||||
10 | court
that committed a person under Section 40 may order a | ||||||
11 | reexamination
of the person at any time during the period in | ||||||
12 | which the person is
subject to the commitment order.
Any | ||||||
13 | examiner conducting an examination under this Section shall | ||||||
14 | prepare a written report of the examination no later than 30 | ||||||
15 | days after the date of the examination.
| ||||||
16 | (d) Petitions for discharge after reexamination must | ||||||
17 | follow the
procedure
outlined in
Section 65 of this Act.
| ||||||
18 | (Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
| ||||||
19 | (725 ILCS 207/60)
| ||||||
20 | Sec. 60. Petition for conditional release.
| ||||||
21 | (a) Any person who is committed for institutional care in a
| ||||||
22 | secure facility or other facility under Section 40 of this Act | ||||||
23 | may
petition the committing court to modify its order by | ||||||
24 | authorizing
conditional release if at least 6 months have | ||||||
25 | elapsed since the
initial commitment order was entered, an |
| |||||||
| |||||||
1 | order continuing commitment was entered pursuant to Section 65, | ||||||
2 | the most recent release
petition was denied or the most recent | ||||||
3 | order for conditional
release was revoked. The director of the | ||||||
4 | facility at which the
person is placed may file a petition | ||||||
5 | under this Section on the
person's behalf at any time.
If the | ||||||
6 | evaluator on behalf of the Department recommends that the | ||||||
7 | committed person is appropriate for conditional release, then | ||||||
8 | the director or designee shall, within 30 days of receipt of | ||||||
9 | the evaluator's report, file with the committing court notice | ||||||
10 | of his or her intention whether or not to petition for | ||||||
11 | conditional release on the committed person's behalf.
| ||||||
12 | (b) If the person files a timely petition without counsel, | ||||||
13 | the
court shall serve a copy of the petition on the Attorney | ||||||
14 | General
or State's Attorney, whichever is applicable and, | ||||||
15 | subject to
paragraph (c)(1) of Section 25 of this Act, appoint | ||||||
16 | counsel. If the person
petitions through counsel, his or her | ||||||
17 | attorney shall serve the
Attorney General or State's Attorney, | ||||||
18 | whichever is applicable.
| ||||||
19 | (c) Within 20 days after receipt of the petition, upon the | ||||||
20 | request of the committed person or on the court's own motion, | ||||||
21 | the court may
appoint an examiner having the specialized
| ||||||
22 | knowledge determined by the court to be appropriate, who shall
| ||||||
23 | examine the mental condition of the person and furnish a | ||||||
24 | written report of
the
examination
to the court within 30 days | ||||||
25 | after appointment. The examiners
shall have reasonable access | ||||||
26 | to the person for purposes of
examination and to the person's |
| |||||||
| |||||||
1 | past and present treatment records
and patient health care | ||||||
2 | records. If any such examiner believes
that the person is | ||||||
3 | appropriate for conditional release, the
examiner shall report | ||||||
4 | on the type of treatment and services that
the person may need | ||||||
5 | while in the community on conditional release. The State
has | ||||||
6 | the right to have the person evaluated by experts chosen by the | ||||||
7 | State.
Any examination or evaluation conducted under this | ||||||
8 | Section shall be in
conformance with the standards developed | ||||||
9 | under the Sex Offender
Management Board Act and conducted by an | ||||||
10 | evaluator licensed under the Sex Offender Evaluation and | ||||||
11 | Treatment Provider Act approved by the Board .
The
court shall | ||||||
12 | set a probable cause hearing as soon as practical after the
| ||||||
13 | examiners' reports are filed. The probable cause hearing shall | ||||||
14 | consist of a review of the examining evaluators' reports and | ||||||
15 | arguments on behalf of the parties. If the court determines at | ||||||
16 | the probable cause
hearing that cause exists to believe that it | ||||||
17 | is not substantially probable that
the person will engage in | ||||||
18 | acts of sexual violence if on release or conditional
release, | ||||||
19 | the court shall set a hearing on the issue.
| ||||||
20 | (d) The court, without a jury, shall hear the petition as | ||||||
21 | soon as practical after the reports of all examiners are filed
| ||||||
22 | with the court. The
court shall grant the petition unless the | ||||||
23 | State proves by clear
and convincing evidence that the person | ||||||
24 | has not made sufficient progress to
be conditionally released. | ||||||
25 | In making a decision under
this subsection, the court must | ||||||
26 | consider the nature and
circumstances of the behavior that was |
| |||||||
| |||||||
1 | the basis of the allegation
in the petition under paragraph | ||||||
2 | (b)(1) of Section 15 of this Act, the person's
mental history | ||||||
3 | and present mental condition, and what
arrangements are | ||||||
4 | available to ensure that the person has access to
and will | ||||||
5 | participate in necessary treatment.
| ||||||
6 | (e) Before the court may enter an order directing | ||||||
7 | conditional release to
a less restrictive alternative it must | ||||||
8 | find the following: (1) the person will
be treated by a | ||||||
9 | Department approved treatment provider, (2) the treatment
| ||||||
10 | provider has presented a specific course of treatment and has | ||||||
11 | agreed to assume
responsibility for the treatment and will | ||||||
12 | report progress to the Department on
a regular basis, and will | ||||||
13 | report violations immediately to the Department,
consistent | ||||||
14 | with treatment and supervision needs of the respondent, (3) | ||||||
15 | housing
exists that is sufficiently secure to protect the | ||||||
16 | community, and the person or
agency providing housing to the | ||||||
17 | conditionally released person has agreed in
writing to accept | ||||||
18 | the person, to provide the level of security required by the
| ||||||
19 | court, and
immediately to report to the Department if the | ||||||
20 | person leaves the housing to
which he or she has been assigned | ||||||
21 | without authorization, (4) the person is
willing to or has | ||||||
22 | agreed to comply with the treatment provider, the Department,
| ||||||
23 | and
the court, and (5) the person has agreed or is willing to | ||||||
24 | agree to comply
with the behavioral monitoring requirements | ||||||
25 | imposed by the court and the
Department.
| ||||||
26 | (f) If the court finds that the person is appropriate for
|
| |||||||
| |||||||
1 | conditional release, the court shall notify the Department. The
| ||||||
2 | Department shall prepare a plan that identifies the treatment | ||||||
3 | and
services, if any, that the person will receive in the | ||||||
4 | community.
The plan shall address the person's need, if any, | ||||||
5 | for supervision,
counseling, medication, community support | ||||||
6 | services, residential
services, vocational services, and | ||||||
7 | alcohol or other drug abuse
treatment. The Department may | ||||||
8 | contract with a county health
department, with another public | ||||||
9 | agency or with a private agency to
provide the treatment and | ||||||
10 | services identified in the plan. The
plan shall specify who | ||||||
11 | will be responsible for providing the
treatment and services | ||||||
12 | identified in the plan. The plan shall be
presented to the | ||||||
13 | court for its approval within 60 days after the
court finding | ||||||
14 | that the person is appropriate for conditional
release, unless | ||||||
15 | the Department and the person to be released
request additional | ||||||
16 | time to develop the plan.
| ||||||
17 | (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) | ||||||
18 | of Section 40 of this Act
apply to an
order for conditional | ||||||
19 | release issued under this Section.
| ||||||
20 | (Source: P.A. 96-1128, eff. 1-1-11.)
| ||||||
21 | (725 ILCS 207/65)
| ||||||
22 | Sec. 65. Petition for discharge; procedure.
| ||||||
23 | (a)(1) If the Secretary determines at any time that a | ||||||
24 | person
committed under this Act is no longer a sexually violent | ||||||
25 | person,
the Secretary shall authorize the person to petition |
| |||||||
| |||||||
1 | the
committing court for discharge. If the evaluator on behalf | ||||||
2 | of the Department recommends that the committed person is no | ||||||
3 | longer a sexually violent person, then the Secretary or | ||||||
4 | designee shall, within 30 days of receipt of the evaluator's | ||||||
5 | report, file with the committing court notice of his or her | ||||||
6 | determination whether or not to authorize the committed person | ||||||
7 | to petition the committing court for discharge. The person | ||||||
8 | shall file the
petition with the court and serve a copy upon | ||||||
9 | the Attorney General
or the State's Attorney's office that | ||||||
10 | filed the petition under
subsection (a) of Section 15 of this | ||||||
11 | Act, whichever is applicable. The court,
upon receipt of the | ||||||
12 | petition for discharge, shall order a hearing
to be held as | ||||||
13 | soon as practical after the date of receipt of the
petition.
| ||||||
14 | (2) At a hearing under this subsection, the Attorney | ||||||
15 | General
or State's Attorney, whichever filed the original | ||||||
16 | petition, shall
represent the State and shall have the right to | ||||||
17 | have the
petitioner examined by an expert or professional | ||||||
18 | person of his or
her choice. The examination shall be conducted | ||||||
19 | in conformance with the
standards developed under the Sex | ||||||
20 | Offender Management Board Act and by an
evaluator licensed | ||||||
21 | under the Sex Offender Evaluation and Treatment Provider Act | ||||||
22 | approved by the Board . The
committed person or the State may | ||||||
23 | elect to have the hearing
before a jury.
The State has the | ||||||
24 | burden of proving by clear and convincing
evidence that the | ||||||
25 | petitioner is still a sexually violent person.
| ||||||
26 | (3) If the court or jury is satisfied that the State has |
| |||||||
| |||||||
1 | not met its
burden of proof under paragraph (a)(2) of this | ||||||
2 | Section, the
petitioner shall be discharged from the custody or | ||||||
3 | supervision of
the Department. If the court is satisfied that | ||||||
4 | the State has met
its burden of proof under paragraph (a)(2), | ||||||
5 | the court may proceed
under Section 40 of this Act to determine | ||||||
6 | whether to modify the
petitioner's existing commitment order.
| ||||||
7 | (b)(1) A person may petition the committing court for | ||||||
8 | discharge
from custody or supervision without the Secretary's | ||||||
9 | approval. At
the time of an examination under subsection (a) of | ||||||
10 | Section 55 of this Act, the
Secretary shall provide the | ||||||
11 | committed person with a written notice
of the person's right to | ||||||
12 | petition the court for discharge over the
Secretary's | ||||||
13 | objection. The notice shall contain a waiver of
rights. The | ||||||
14 | Secretary shall forward the notice and waiver form to
the court | ||||||
15 | with the report of the Department's examination under
Section | ||||||
16 | 55 of this Act. If the person does not affirmatively
waive the | ||||||
17 | right to petition, the court shall set a probable cause
hearing | ||||||
18 | to determine whether facts exist that warrant a hearing on
| ||||||
19 | whether the person is still a sexually violent person.
If a
| ||||||
20 | person does not file a petition for discharge, yet fails to | ||||||
21 | waive the right to
petition under
this Section, then the | ||||||
22 | probable cause hearing consists only of a review of
the
| ||||||
23 | reexamination reports and arguments on behalf of the parties.
| ||||||
24 | The
committed person has a right to have an attorney represent | ||||||
25 | him or
her at the probable cause hearing, but the person is not | ||||||
26 | entitled
to be present at the probable cause hearing.
The
|
| |||||||
| |||||||
1 | probable cause hearing under this Section must be held as soon | ||||||
2 | as practical after the
filing of the
reexamination report under | ||||||
3 | Section 55 of this Act.
| ||||||
4 | (2) If the court determines at the probable cause hearing
| ||||||
5 | under paragraph (b)(1) of this Section that probable cause | ||||||
6 | exists
to believe that the committed person is no longer a | ||||||
7 | sexually
violent person, then the court shall set a hearing on | ||||||
8 | the issue.
At a hearing under this Section, the committed | ||||||
9 | person is entitled
to be present and to the benefit of the | ||||||
10 | protections afforded to
the person under Section 25 of this | ||||||
11 | Act.
The
committed person or the State may elect to have a | ||||||
12 | hearing under this Section
before a
jury. A verdict of a jury | ||||||
13 | under this Section is not valid unless it is
unanimous.
The | ||||||
14 | Attorney General or
State's Attorney, whichever filed the | ||||||
15 | original petition, shall
represent the State at a hearing under | ||||||
16 | this Section. The State has the right
to have the committed | ||||||
17 | person evaluated by experts chosen by the
State.
The | ||||||
18 | examination shall be conducted in conformance with the | ||||||
19 | standards
developed under the Sex Offender Management Board Act | ||||||
20 | and by an evaluator licensed under the Sex Offender Evaluation | ||||||
21 | and Treatment Provider Act
approved by the Board . At the | ||||||
22 | hearing, the State has the burden of proving by
clear and | ||||||
23 | convincing evidence that the committed person is still a
| ||||||
24 | sexually violent person.
| ||||||
25 | (3) If the court or jury is satisfied that the State has | ||||||
26 | not met its
burden of proof under paragraph (b)(2) of this |
| |||||||
| |||||||
1 | Section, the
person shall be discharged from the custody or | ||||||
2 | supervision of the
Department. If the court or jury is | ||||||
3 | satisfied that the State has met its
burden of proof under | ||||||
4 | paragraph (b)(2) of this Section, the court
may proceed under | ||||||
5 | Section 40 of this Act to determine whether to
modify the | ||||||
6 | person's existing commitment order.
| ||||||
7 | (Source: P.A. 96-1128, eff. 1-1-11.)
| ||||||
8 | Section 195. The Sex Offender Registration Act is amended | ||||||
9 | by changing Sections 2, 3, and 3-5 as follows:
| ||||||
10 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
11 | Sec. 2. Definitions.
| ||||||
12 | (A) As used in this Article, "sex offender" means any | ||||||
13 | person who is:
| ||||||
14 | (1) charged pursuant to Illinois law, or any | ||||||
15 | substantially similar
federal, Uniform Code of Military | ||||||
16 | Justice, sister state, or foreign country
law,
with a sex | ||||||
17 | offense set forth
in subsection (B) of this Section or the | ||||||
18 | attempt to commit an included sex
offense, and:
| ||||||
19 | (a) is convicted of such offense or an attempt to | ||||||
20 | commit such offense;
or
| ||||||
21 | (b) is found not guilty by reason of insanity of | ||||||
22 | such offense or an
attempt to commit such offense; or
| ||||||
23 | (c) is found not guilty by reason of insanity | ||||||
24 | pursuant to Section
104-25(c) of the Code of Criminal |
| |||||||
| |||||||
1 | Procedure of 1963 of such offense or an
attempt to | ||||||
2 | commit such offense; or
| ||||||
3 | (d) is the subject of a finding not resulting in an | ||||||
4 | acquittal at a
hearing conducted pursuant to Section | ||||||
5 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
6 | the alleged commission or attempted commission of such
| ||||||
7 | offense; or
| ||||||
8 | (e) is found not guilty by reason of insanity | ||||||
9 | following a hearing
conducted pursuant to a federal, | ||||||
10 | Uniform Code of Military Justice, sister
state, or | ||||||
11 | foreign country law
substantially similar to Section | ||||||
12 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
13 | such offense or of the attempted commission of such | ||||||
14 | offense; or
| ||||||
15 | (f) is the subject of a finding not resulting in an | ||||||
16 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
17 | Uniform Code of Military Justice,
sister state, or | ||||||
18 | foreign country law
substantially similar to Section | ||||||
19 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
20 | the alleged violation or attempted commission of such | ||||||
21 | offense;
or
| ||||||
22 | (2) declared certified as a sexually dangerous person | ||||||
23 | pursuant to the Illinois
Sexually Dangerous Persons Act, or | ||||||
24 | any substantially similar federal, Uniform
Code of | ||||||
25 | Military Justice, sister
state, or foreign country law; or
| ||||||
26 | (3) subject to the provisions of Section 2 of the |
| |||||||
| |||||||
1 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
2 | or
| ||||||
3 | (4) found to be a sexually violent person pursuant to | ||||||
4 | the Sexually
Violent Persons Commitment Act or any | ||||||
5 | substantially similar federal, Uniform
Code of Military | ||||||
6 | Justice, sister
state, or foreign country law; or
| ||||||
7 | (5) adjudicated a juvenile delinquent as the result of | ||||||
8 | committing or
attempting to commit an act which, if | ||||||
9 | committed by an adult, would constitute
any of the offenses | ||||||
10 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
11 | violation of any substantially similar federal, Uniform | ||||||
12 | Code of Military
Justice, sister state, or foreign
country | ||||||
13 | law, or found guilty under Article V of the Juvenile Court | ||||||
14 | Act of 1987
of committing or attempting to commit an act | ||||||
15 | which, if committed by an adult,
would constitute any of | ||||||
16 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
17 | Section or a violation of any substantially similar | ||||||
18 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
19 | foreign country law.
| ||||||
20 | Convictions that result from or are connected with the same | ||||||
21 | act, or result
from offenses committed at the same time, shall | ||||||
22 | be counted for the purpose of
this Article as one conviction. | ||||||
23 | Any conviction set aside pursuant to law is
not a conviction | ||||||
24 | for purposes of this Article.
| ||||||
25 |
For purposes of this Section, "convicted" shall have the | ||||||
26 | same meaning as
"adjudicated".
|
| |||||||
| |||||||
1 | (B) As used in this Article, "sex offense" means:
| ||||||
2 | (1) A violation of any of the following Sections of the | ||||||
3 | Criminal Code of
1961:
| ||||||
4 | 11-20.1 (child pornography),
| ||||||
5 | 11-20.1B or 11-20.3 (aggravated child | ||||||
6 | pornography),
| ||||||
7 | 11-6 (indecent solicitation of a child),
| ||||||
8 | 11-9.1 (sexual exploitation of a child),
| ||||||
9 | 11-9.2 (custodial sexual misconduct),
| ||||||
10 | 11-9.5 (sexual misconduct with a person with a | ||||||
11 | disability), | ||||||
12 | 11-14.4 (promoting juvenile prostitution),
| ||||||
13 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
14 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
15 | 11-17.1 (keeping a place of juvenile | ||||||
16 | prostitution),
| ||||||
17 | 11-19.1 (juvenile pimping),
| ||||||
18 | 11-19.2 (exploitation of a child),
| ||||||
19 | 11-25 (grooming), | ||||||
20 | 11-26 (traveling to meet a minor),
| ||||||
21 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
22 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
23 | assault),
| ||||||
24 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
25 | assault of a child),
| ||||||
26 | 11-1.50 or 12-15 (criminal sexual abuse),
|
| |||||||
| |||||||
1 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
2 | abuse),
| ||||||
3 | 12-33 (ritualized abuse of a child).
| ||||||
4 | An attempt to commit any of these offenses.
| ||||||
5 | (1.5)
A violation of any of the following Sections of | ||||||
6 | the
Criminal Code of 1961, when the victim is a person | ||||||
7 | under 18 years of age, the
defendant is not a parent of the | ||||||
8 | victim, the offense was sexually motivated as defined in | ||||||
9 | Section 10 of the Sex Offender Evaluation and Treatment Act | ||||||
10 | Sex Offender Management Board Act , and the offense was | ||||||
11 | committed on or
after January 1, 1996:
| ||||||
12 | 10-1 (kidnapping),
| ||||||
13 | 10-2 (aggravated kidnapping),
| ||||||
14 | 10-3 (unlawful restraint),
| ||||||
15 | 10-3.1 (aggravated unlawful restraint).
| ||||||
16 | If the offense was committed before January 1, 1996, it | ||||||
17 | is a sex offense requiring registration only when the | ||||||
18 | person is convicted of any felony after July 1, 2011, and | ||||||
19 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
20 | applies.
| ||||||
21 | (1.6)
First degree murder under Section 9-1 of the | ||||||
22 | Criminal Code of 1961,
provided the offense was sexually | ||||||
23 | motivated as defined in Section 10 of the Sex Offender | ||||||
24 | Management Board Act.
| ||||||
25 | (1.7) (Blank).
| ||||||
26 | (1.8) A violation or attempted violation of Section |
| |||||||
| |||||||
1 | 11-11 (sexual
relations within families) of the Criminal | ||||||
2 | Code of 1961, and the offense was committed on or after
| ||||||
3 | June 1, 1997. If the offense was committed before June 1, | ||||||
4 | 1997, it is a sex offense requiring registration only when | ||||||
5 | the person is convicted of any felony after July 1, 2011, | ||||||
6 | and paragraph (2.1) of subsection (c) of Section 3 of this | ||||||
7 | Act applies.
| ||||||
8 | (1.9) Child abduction under paragraph (10) of | ||||||
9 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
10 | committed by luring or
attempting to lure a child under the | ||||||
11 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
12 | dwelling place without the consent of the parent or lawful
| ||||||
13 | custodian of the child for other than a lawful purpose and | ||||||
14 | the offense was
committed on or after January 1, 1998, | ||||||
15 | provided the offense was sexually motivated as defined in | ||||||
16 | Section 10 of the Sex Offender Management Board Act. If the | ||||||
17 | offense was committed before January 1, 1998, it is a sex | ||||||
18 | offense requiring registration only when the person is | ||||||
19 | convicted of any felony after July 1, 2011, and paragraph | ||||||
20 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
21 | (1.10) A violation or attempted violation of any of the | ||||||
22 | following Sections
of the Criminal Code of 1961 when the | ||||||
23 | offense was committed on or after July
1, 1999:
| ||||||
24 | 10-4 (forcible detention, if the victim is under 18 | ||||||
25 | years of age), provided the offense was sexually | ||||||
26 | motivated as defined in Section 10 of the Sex Offender |
| |||||||
| |||||||
1 | Management Board Act,
| ||||||
2 | 11-6.5 (indecent solicitation of an adult),
| ||||||
3 | 11-14.3 that involves soliciting for a prostitute, | ||||||
4 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
5 | under 18 years
of age),
| ||||||
6 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
7 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
8 | under 18 years of age),
| ||||||
9 | 11-18 (patronizing a prostitute, if the victim is | ||||||
10 | under 18 years
of age),
| ||||||
11 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
12 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
13 | of age).
| ||||||
14 | If the offense was committed before July 1, 1999, it is | ||||||
15 | a sex offense requiring registration only when the person | ||||||
16 | is convicted of any felony after July 1, 2011, and | ||||||
17 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
18 | applies.
| ||||||
19 | (1.11) A violation or attempted violation of any of the | ||||||
20 | following
Sections of the Criminal Code of 1961 when the | ||||||
21 | offense was committed on or
after August 22, 2002:
| ||||||
22 | 11-9 or 11-30 (public indecency for a third or | ||||||
23 | subsequent conviction). | ||||||
24 | If the third or subsequent conviction was imposed | ||||||
25 | before August 22, 2002, it is a sex offense requiring | ||||||
26 | registration only when the person is convicted of any |
| |||||||
| |||||||
1 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
2 | subsection (c) of Section 3 of this Act applies.
| ||||||
3 | (1.12) A violation or attempted violation of Section
| ||||||
4 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
5 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
6 | offense was committed on or after August 22, 2002. If the | ||||||
7 | offense was committed before August 22, 2002, it is a sex | ||||||
8 | offense requiring registration only when the person is | ||||||
9 | convicted of any felony after July 1, 2011, and paragraph | ||||||
10 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
11 | (2) A violation of any former law of this State | ||||||
12 | substantially equivalent
to any offense listed in | ||||||
13 | subsection (B) of this Section.
| ||||||
14 | (C) A conviction for an offense of federal law, Uniform | ||||||
15 | Code of Military
Justice, or the law of another state
or a | ||||||
16 | foreign country that is substantially equivalent to any offense | ||||||
17 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
18 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
19 | A finding or adjudication as a sexually dangerous person
or a | ||||||
20 | sexually violent person under any federal law, Uniform Code of | ||||||
21 | Military
Justice, or the law of another state or
foreign | ||||||
22 | country that is substantially equivalent to the Sexually | ||||||
23 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
24 | Commitment Act shall constitute an
adjudication for the | ||||||
25 | purposes of this Article.
| ||||||
26 | (C-5) A person at least 17 years of age at the time of the |
| |||||||
| |||||||
1 | commission of
the offense who is convicted of first degree | ||||||
2 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
3 | a person
under 18 years of age, shall be required to register
| ||||||
4 | for natural life.
A conviction for an offense of federal, | ||||||
5 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
6 | country law that is substantially equivalent to any
offense | ||||||
7 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
8 | conviction for the purpose of this Article. This subsection | ||||||
9 | (C-5) applies to a person who committed the offense before June | ||||||
10 | 1, 1996 if: (i) the person is incarcerated in an Illinois | ||||||
11 | Department of Corrections facility on August 20, 2004 (the | ||||||
12 | effective date of Public Act 93-977), or (ii) subparagraph (i) | ||||||
13 | does not apply and the person is convicted of any felony after | ||||||
14 | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | ||||||
15 | 3 of this Act applies.
| ||||||
16 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
17 | of first degree murder as defined in Section 9-1 of the | ||||||
18 | Criminal Code of 1961, against a person 18 years of age or | ||||||
19 | over, shall be required to register for his or her natural | ||||||
20 | life. A conviction for an offense of federal, Uniform Code of | ||||||
21 | Military Justice, sister state, or foreign country law that is | ||||||
22 | substantially equivalent to any offense listed in subsection | ||||||
23 | (C-6) of this Section shall constitute a conviction for the | ||||||
24 | purpose of this Article. This subsection (C-6) does not apply | ||||||
25 | to those individuals released from incarceration more than 10 | ||||||
26 | years prior to January 1, 2012 ( the effective date of Public |
| |||||||
| |||||||
1 | Act 97-154) this amendatory Act of the 97th General Assembly . | ||||||
2 | (D) As used in this Article, "law enforcement agency having | ||||||
3 | jurisdiction"
means the Chief of Police in each of the | ||||||
4 | municipalities in which the sex offender
expects to reside, | ||||||
5 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
6 | release or
(2) during the service of his or her sentence of | ||||||
7 | probation or conditional
discharge, or the Sheriff of the | ||||||
8 | county, in the event no Police Chief exists
or if the offender | ||||||
9 | intends to reside, work, or attend school in an
unincorporated | ||||||
10 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
11 | the location where
out-of-state students attend school and | ||||||
12 | where out-of-state employees are
employed or are otherwise | ||||||
13 | required to register.
| ||||||
14 | (D-1) As used in this Article, "supervising officer" means | ||||||
15 | the assigned Illinois Department of Corrections parole agent or | ||||||
16 | county probation officer. | ||||||
17 | (E) As used in this Article, "sexual predator" means any | ||||||
18 | person who,
after July 1, 1999, is:
| ||||||
19 | (1) Convicted for an offense of federal, Uniform Code | ||||||
20 | of Military
Justice, sister state, or foreign country law | ||||||
21 | that is substantially equivalent
to any offense listed in | ||||||
22 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
23 | conviction for the purpose of this Article.
Convicted of a | ||||||
24 | violation or attempted violation of any of the following
| ||||||
25 | Sections of the
Criminal Code of 1961:
| ||||||
26 | 11-14.4 that involves keeping a place of juvenile |
| |||||||
| |||||||
1 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
2 | prostitution),
| ||||||
3 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
4 | or Section 11-19.1 (juvenile pimping),
| ||||||
5 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
6 | 11-19.2 (exploitation of a child),
| ||||||
7 | 11-20.1 (child pornography),
| ||||||
8 | 11-20.1B or 11-20.3 (aggravated child | ||||||
9 | pornography),
| ||||||
10 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
11 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
12 | assault),
| ||||||
13 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
14 | assault of a child),
| ||||||
15 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
16 | abuse),
| ||||||
17 | 12-33 (ritualized abuse of a child);
| ||||||
18 | (2) (blank);
| ||||||
19 | (3) declared certified as a sexually dangerous person | ||||||
20 | pursuant to the Sexually
Dangerous Persons Act or any | ||||||
21 | substantially similar federal, Uniform Code of
Military | ||||||
22 | Justice, sister state, or
foreign country law;
| ||||||
23 | (4) found to be a sexually violent person pursuant to | ||||||
24 | the Sexually Violent
Persons Commitment Act or any | ||||||
25 | substantially similar federal, Uniform Code of
Military | ||||||
26 | Justice, sister state, or
foreign country law;
|
| |||||||
| |||||||
1 | (5) convicted of a second or subsequent offense which | ||||||
2 | requires
registration pursuant to this Act. For purposes of | ||||||
3 | this paragraph
(5), "convicted" shall include a conviction | ||||||
4 | under any
substantially similar
Illinois, federal, Uniform | ||||||
5 | Code of Military Justice, sister state, or
foreign country | ||||||
6 | law;
| ||||||
7 | (6) convicted of a second or subsequent offense of | ||||||
8 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
9 | 1961; or | ||||||
10 | (7) if the person was convicted of an offense set forth | ||||||
11 | in this subsection (E) on or before July 1, 1999, the | ||||||
12 | person is a sexual predator for whom registration is | ||||||
13 | required only when the person is convicted of a felony | ||||||
14 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
15 | subsection (c) of Section 3 of this Act applies. | ||||||
16 | (E-5) As used in this Article, "sexual predator" also means | ||||||
17 | a person convicted of a violation or attempted violation of any | ||||||
18 | of the following
Sections of the
Criminal Code of 1961: | ||||||
19 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
20 | was a person under 18 years of age and the defendant was at | ||||||
21 | least
17 years of age at the time of the commission of the | ||||||
22 | offense, provided the offense was sexually motivated as | ||||||
23 | defined in Section 10 of the Sex Offender Management Board | ||||||
24 | Act); | ||||||
25 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
26 | with a disability); |
| |||||||
| |||||||
1 | (3) when the victim is a person under 18 years of age, | ||||||
2 | the
defendant is not a parent of the victim, the offense | ||||||
3 | was sexually motivated as defined in Section 10 of the Sex | ||||||
4 | Offender Management Board Act, and the offense was | ||||||
5 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
6 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
7 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
8 | 10-3.1 (aggravated unlawful restraint); and | ||||||
9 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
10 | luring or
attempting to lure a child under the age of 16 | ||||||
11 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
12 | place without the consent of the parent or lawful
custodian | ||||||
13 | of the child for other than a lawful purpose and the | ||||||
14 | offense was
committed on or after January 1, 1998, provided | ||||||
15 | the offense was sexually motivated as defined in Section 10 | ||||||
16 | of the Sex Offender Management Board Act). | ||||||
17 | (E-10) As used in this Article, "sexual predator" also | ||||||
18 | means a person required to register in another State due to a | ||||||
19 | conviction, adjudication or other action of any court | ||||||
20 | triggering an obligation to register as a sex offender, sexual | ||||||
21 | predator, or substantially similar status under the laws of | ||||||
22 | that State. | ||||||
23 | (F) As used in this Article, "out-of-state student" means | ||||||
24 | any sex
offender, as defined in this Section,
or sexual | ||||||
25 | predator who is enrolled in Illinois, on a full-time or | ||||||
26 | part-time
basis, in any public or private educational |
| |||||||
| |||||||
1 | institution, including, but not
limited to, any secondary | ||||||
2 | school, trade or professional institution, or
institution of | ||||||
3 | higher learning.
| ||||||
4 | (G) As used in this Article, "out-of-state employee" means | ||||||
5 | any sex
offender, as defined in this Section,
or sexual | ||||||
6 | predator who works in Illinois, regardless of whether the | ||||||
7 | individual
receives payment for services performed, for a | ||||||
8 | period of time of 10 or more days
or for an aggregate period of | ||||||
9 | time of 30 or more days
during any calendar year.
Persons who | ||||||
10 | operate motor vehicles in the State accrue one day of | ||||||
11 | employment
time for any portion of a day spent in Illinois.
| ||||||
12 | (H) As used in this Article, "school" means any public or | ||||||
13 | private educational institution, including, but not limited | ||||||
14 | to, any elementary or secondary school, trade or professional | ||||||
15 | institution, or institution of higher education. | ||||||
16 | (I) As used in this Article, "fixed residence" means any | ||||||
17 | and all places that a sex offender resides for an aggregate | ||||||
18 | period of time of 5 or more days in a calendar year.
| ||||||
19 | (J) As used in this Article, "Internet protocol address" | ||||||
20 | means the string of numbers by which a location on the Internet | ||||||
21 | is identified by routers or other computers connected to the | ||||||
22 | Internet. | ||||||
23 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||
24 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||
25 | revised 9-27-11.) |
| |||||||
| |||||||
1 | (730 ILCS 150/3) | ||||||
2 | Sec. 3. Duty to register.
| ||||||
3 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
4 | sexual
predator shall, within the time period
prescribed in | ||||||
5 | subsections (b) and (c), register in person
and provide | ||||||
6 | accurate information as required by the Department of State
| ||||||
7 | Police. Such information shall include a current photograph,
| ||||||
8 | current address,
current place of employment, the sex | ||||||
9 | offender's or sexual predator's telephone number, including | ||||||
10 | cellular telephone number, the employer's telephone number, | ||||||
11 | school attended, all e-mail addresses, instant messaging | ||||||
12 | identities, chat room identities, and other Internet | ||||||
13 | communications identities that the sex offender uses or plans | ||||||
14 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
15 | by the sex offender, all blogs and other Internet sites | ||||||
16 | maintained by the sex offender or to which the sex offender has | ||||||
17 | uploaded any content or posted any messages or information, | ||||||
18 | extensions of the time period for registering as provided in | ||||||
19 | this Article and, if an extension was granted, the reason why | ||||||
20 | the extension was granted and the date the sex offender was | ||||||
21 | notified of the extension. The information shall also include a | ||||||
22 | copy of the terms and conditions of parole or release signed by | ||||||
23 | the sex offender and given to the sex offender by his or her | ||||||
24 | supervising officer, the county of conviction, license plate | ||||||
25 | numbers for every vehicle registered in the name of the sex | ||||||
26 | offender, the age of the sex offender at the time of the |
| |||||||
| |||||||
1 | commission of the offense, the age of the victim at the time of | ||||||
2 | the commission of the offense, and any distinguishing marks | ||||||
3 | located on the body of the sex offender. A sex offender | ||||||
4 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
5 | 11-21 of the Criminal Code of 1961 shall provide all Internet | ||||||
6 | protocol (IP) addresses in his or her residence, registered in | ||||||
7 | his or her name, accessible at his or her place of employment, | ||||||
8 | or otherwise under his or her control or custody. If the sex | ||||||
9 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
10 | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | ||||||
11 | report to the registering agency whether he or she is living in | ||||||
12 | a household with a child under 18 years of age who is not his or | ||||||
13 | her own child, provided that his or her own child is not the | ||||||
14 | victim of the sex offense. The sex offender or
sexual predator | ||||||
15 | shall register:
| ||||||
16 | (1) with the chief of police in the municipality in | ||||||
17 | which he or she
resides or is temporarily domiciled for a | ||||||
18 | period of time of 3 or more
days, unless the
municipality | ||||||
19 | is the City of Chicago, in which case he or she shall | ||||||
20 | register
at the Chicago Police Department Headquarters; or
| ||||||
21 | (2) with the sheriff in the county in which
he or she | ||||||
22 | resides or is
temporarily domiciled
for a period of time of | ||||||
23 | 3 or more days in an unincorporated
area or, if | ||||||
24 | incorporated, no police chief exists.
| ||||||
25 | If the sex offender or sexual predator is employed at or | ||||||
26 | attends an institution of higher education, he or she shall |
| |||||||
| |||||||
1 | also register:
| ||||||
2 | (i) with: | ||||||
3 | (A) the chief of police in the municipality in | ||||||
4 | which he or she is employed at or attends an | ||||||
5 | institution of higher education, unless the | ||||||
6 | municipality is the City of Chicago, in which case he | ||||||
7 | or she shall register at the Chicago Police Department | ||||||
8 | Headquarters; or | ||||||
9 | (B) the sheriff in the county in which he or she is | ||||||
10 | employed or attends an institution of higher education | ||||||
11 | located in an unincorporated area, or if incorporated, | ||||||
12 | no police chief exists; and
| ||||||
13 | (ii) with the public safety or security director of the | ||||||
14 | institution of higher education which he or she is employed | ||||||
15 | at or attends.
| ||||||
16 | The registration fees shall only apply to the municipality | ||||||
17 | or county of primary registration, and not to campus | ||||||
18 | registration. | ||||||
19 | For purposes of this Article, the place of residence or | ||||||
20 | temporary
domicile is defined as any and all places where the | ||||||
21 | sex offender resides
for an aggregate period of time of 3 or | ||||||
22 | more days during any calendar year.
Any person required to | ||||||
23 | register under this Article who lacks a fixed address or | ||||||
24 | temporary domicile must notify, in person, the agency of | ||||||
25 | jurisdiction of his or her last known address within 3 days | ||||||
26 | after ceasing to have a fixed residence. |
| |||||||
| |||||||
1 | A sex offender or sexual predator who is temporarily absent | ||||||
2 | from his or her current address of registration for 3 or more | ||||||
3 | days shall notify the law enforcement agency having | ||||||
4 | jurisdiction of his or her current registration, including the | ||||||
5 | itinerary for travel, in the manner provided in Section 6 of | ||||||
6 | this Act for notification to the law enforcement agency having | ||||||
7 | jurisdiction of change of address. | ||||||
8 | Any person who lacks a fixed residence must report weekly, | ||||||
9 | in person, with the sheriff's office of the county in which he | ||||||
10 | or she is located in an unincorporated area, or with the chief | ||||||
11 | of police in the municipality in which he or she is located. | ||||||
12 | The agency of jurisdiction will document each weekly | ||||||
13 | registration to include all the locations where the person has | ||||||
14 | stayed during the past 7 days.
| ||||||
15 | The sex offender or sexual predator shall provide accurate | ||||||
16 | information
as required by the Department of State Police. That | ||||||
17 | information shall include
the sex offender's or sexual | ||||||
18 | predator's current place of employment.
| ||||||
19 | (a-5) An out-of-state student or out-of-state employee | ||||||
20 | shall,
within 3 days after beginning school or employment in | ||||||
21 | this State,
register in person and provide accurate information | ||||||
22 | as required by the
Department of State Police. Such information | ||||||
23 | will include current place of
employment, school attended, and | ||||||
24 | address in state of residence. A sex offender convicted under | ||||||
25 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
26 | Criminal Code of 1961 shall provide all Internet protocol (IP) |
| |||||||
| |||||||
1 | addresses in his or her residence, registered in his or her | ||||||
2 | name, accessible at his or her place of employment, or | ||||||
3 | otherwise under his or her control or custody. The out-of-state | ||||||
4 | student or out-of-state employee shall register:
| ||||||
5 | (1) with: | ||||||
6 | (A) the chief of police in the municipality in | ||||||
7 | which he or she attends school or is employed for a | ||||||
8 | period of time of 5
or more days or for an
aggregate | ||||||
9 | period of time of more than 30 days during any
calendar | ||||||
10 | year, unless the
municipality is the City of Chicago, | ||||||
11 | in which case he or she shall register at
the Chicago | ||||||
12 | Police Department Headquarters; or
| ||||||
13 | (B) the sheriff in the county in which
he or she | ||||||
14 | attends school or is
employed for a period of time of 5 | ||||||
15 | or more days or
for an aggregate period of
time of more | ||||||
16 | than 30 days during any calendar year in an
| ||||||
17 | unincorporated area
or, if incorporated, no police | ||||||
18 | chief exists; and | ||||||
19 | (2) with the public safety or security director of the | ||||||
20 | institution of higher education he or she is employed at or | ||||||
21 | attends for a period of time of 5 or more days or for an | ||||||
22 | aggregate period of time of more than 30 days during a | ||||||
23 | calendar year. | ||||||
24 | The registration fees shall only apply to the municipality | ||||||
25 | or county of primary registration, and not to campus | ||||||
26 | registration. |
| |||||||
| |||||||
1 | The out-of-state student or out-of-state employee shall | ||||||
2 | provide accurate
information as required by the Department of | ||||||
3 | State Police. That information
shall include the out-of-state | ||||||
4 | student's current place of school attendance or
the | ||||||
5 | out-of-state employee's current place of employment.
| ||||||
6 | (a-10) Any law enforcement agency registering sex | ||||||
7 | offenders or sexual predators in accordance with subsections | ||||||
8 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
9 | General a copy of sex offender registration forms from persons | ||||||
10 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
11 | 11-21 of the Criminal Code of 1961, including periodic and | ||||||
12 | annual registrations under Section 6 of this Act. | ||||||
13 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
14 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
15 | registration, shall, within 3 days of beginning school,
or | ||||||
16 | establishing a
residence, place of employment, or temporary | ||||||
17 | domicile in
any county, register in person as set forth in | ||||||
18 | subsection (a)
or (a-5).
| ||||||
19 | (c) The registration for any person required to register | ||||||
20 | under this
Article shall be as follows:
| ||||||
21 | (1) Any person registered under the Habitual Child Sex | ||||||
22 | Offender
Registration Act or the Child Sex Offender | ||||||
23 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
24 | initially registered as of January 1, 1996; however,
this | ||||||
25 | shall not be construed to extend the duration of | ||||||
26 | registration set forth
in Section 7.
|
| |||||||
| |||||||
1 | (2) Except as provided in subsection (c)(2.1) or | ||||||
2 | (c)(4), any person convicted or
adjudicated prior to | ||||||
3 | January 1, 1996, whose liability for registration under
| ||||||
4 | Section 7 has not expired, shall register in person prior | ||||||
5 | to January 31,
1996.
| ||||||
6 | (2.1) A sex offender or sexual predator, who has never | ||||||
7 | previously been required to register under this Act, has a | ||||||
8 | duty to register if the person has been convicted of any | ||||||
9 | felony offense after July 1, 2011. A person who previously | ||||||
10 | was required to register under this Act for a period of 10 | ||||||
11 | years and successfully completed that registration period | ||||||
12 | has a duty to register if: (i) the person has been | ||||||
13 | convicted of any felony offense after July 1, 2011, and | ||||||
14 | (ii) the offense for which the 10 year registration was | ||||||
15 | served currently requires a registration period of more | ||||||
16 | than 10 years. Notification of an offender's duty to | ||||||
17 | register under this subsection shall be pursuant to Section | ||||||
18 | 5-7 of this Act. | ||||||
19 | (2.5) Except as provided in subsection (c)(4), any | ||||||
20 | person who has not
been notified of his or her | ||||||
21 | responsibility to register shall be notified by a
criminal | ||||||
22 | justice entity of his or her responsibility to register. | ||||||
23 | Upon
notification the person must then register within 3 | ||||||
24 | days of notification of
his or her requirement to register. | ||||||
25 | Except as provided in subsection (c)(2.1), if notification | ||||||
26 | is not made within the
offender's 10 year registration |
| |||||||
| |||||||
1 | requirement, and the Department of State
Police determines | ||||||
2 | no evidence exists or indicates the offender attempted to
| ||||||
3 | avoid registration, the offender will no longer be required | ||||||
4 | to register under
this Act.
| ||||||
5 | (3) Except as provided in subsection (c)(4), any person | ||||||
6 | convicted on
or after January 1, 1996, shall register in | ||||||
7 | person within 3 days after the
entry of the sentencing | ||||||
8 | order based upon his or her conviction.
| ||||||
9 | (4) Any person unable to comply with the registration | ||||||
10 | requirements of
this Article because he or she is confined, | ||||||
11 | institutionalized,
or imprisoned in Illinois on or after | ||||||
12 | January 1, 1996, shall register in person
within 3 days of | ||||||
13 | discharge, parole or release.
| ||||||
14 | (5) The person shall provide positive identification | ||||||
15 | and documentation
that substantiates proof of residence at | ||||||
16 | the registering address.
| ||||||
17 | (6) The person shall pay a $100
initial registration | ||||||
18 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
19 | by the registering agency for official
purposes. The agency | ||||||
20 | shall establish procedures to document receipt and use
of | ||||||
21 | the funds.
The law enforcement agency having jurisdiction | ||||||
22 | may waive the registration fee
if it determines that the | ||||||
23 | person is indigent and unable to pay the registration
fee. | ||||||
24 | Thirty-five
Thirty dollars for the initial registration | ||||||
25 | fee and $35 $30 of the annual renewal fee
shall be used by | ||||||
26 | the registering agency for official purposes. Five Ten |
| |||||||
| |||||||
1 | dollars of
the initial registration fee and $5 $10 of the | ||||||
2 | annual fee shall be deposited into
the Sex Offender | ||||||
3 | Management Board Fund under Section 19 of the Sex Offender
| ||||||
4 | Management Board Act. Money deposited into the Sex Offender | ||||||
5 | Management Board
Fund shall be administered by the Sex | ||||||
6 | Offender Management Board and shall be
used by the Board to | ||||||
7 | comply with the provisions of the Sex Offender Management | ||||||
8 | Board Act to
fund practices endorsed or required by the Sex | ||||||
9 | Offender Management Board Act
including but not limited to | ||||||
10 | sex offenders evaluation, treatment, or
monitoring | ||||||
11 | programs that are or may be developed, as well as for
| ||||||
12 | administrative costs, including staff, incurred by the | ||||||
13 | Board .
Thirty dollars of the initial registration fee and | ||||||
14 | $30 of the annual renewal fee shall be deposited into the | ||||||
15 | Sex Offender Registration Fund and shall be used by the | ||||||
16 | Department of State Police to maintain and update the | ||||||
17 | Illinois State Police Sex Offender Registry. Thirty | ||||||
18 | dollars of the initial registration fee and $30 of the | ||||||
19 | annual renewal fee shall be deposited into the Attorney | ||||||
20 | General Sex Offender Awareness, Training, and Education | ||||||
21 | Fund. Moneys deposited into the Fund shall be used by the | ||||||
22 | Attorney General to administer the I-SORT program and to | ||||||
23 | alert and educate the public, victims, and witnesses of | ||||||
24 | their rights under various victim notification laws and for | ||||||
25 | training law enforcement agencies, State's Attorneys, and | ||||||
26 | medical providers of their legal duties concerning the |
| |||||||
| |||||||
1 | prosecution and investigation of sex offenses. | ||||||
2 | (d) Within 3 days after obtaining or changing employment | ||||||
3 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
4 | date, a person required to
register under this Section must | ||||||
5 | report, in person to the law
enforcement agency having | ||||||
6 | jurisdiction, the business name and address where he
or she is | ||||||
7 | employed. If the person has multiple businesses or work | ||||||
8 | locations,
every business and work location must be reported to | ||||||
9 | the law enforcement agency
having jurisdiction.
| ||||||
10 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | ||||||
11 | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | ||||||
12 | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | ||||||
13 | 8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.) | ||||||
14 | (730 ILCS 150/3-5) | ||||||
15 | Sec. 3-5. Application of Act to adjudicated juvenile | ||||||
16 | delinquents. | ||||||
17 | (a) In all cases involving an adjudicated juvenile
| ||||||
18 | delinquent who meets the definition of sex offender as set
| ||||||
19 | forth in paragraph (5) of subsection (A) of Section 2 of this
| ||||||
20 | Act, the court shall order the minor to register as a sex | ||||||
21 | offender. | ||||||
22 | (b) Once an adjudicated juvenile delinquent is ordered to
| ||||||
23 | register as a sex offender, the adjudicated juvenile delinquent
| ||||||
24 | shall be subject to the registration requirements set forth in
| ||||||
25 | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
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1 | registration. | ||||||
2 | (c) For a minor adjudicated delinquent for an offense | ||||||
3 | which, if charged as an adult, would be a felony, no less than | ||||||
4 | 5 years after registration ordered pursuant to subsection (a) | ||||||
5 | of this Section, the minor may petition for the termination of | ||||||
6 | the term of registration. For a minor adjudicated delinquent | ||||||
7 | for an offense which, if charged as an adult, would be a | ||||||
8 | misdemeanor, no less than 2 years after registration ordered | ||||||
9 | pursuant to subsection (a) of this Section, the minor may | ||||||
10 | petition for termination of the term of registration. | ||||||
11 | (d) The court may upon a hearing on the petition for | ||||||
12 | termination of registration, terminate registration if the | ||||||
13 | court finds that the registrant poses no risk to the community | ||||||
14 | by a preponderance of the evidence based upon the factors set | ||||||
15 | forth in subsection (e). | ||||||
16 | Notwithstanding any other provisions of this Act to the | ||||||
17 | contrary, no registrant whose registration has been terminated | ||||||
18 | under this Section shall be required to register under the | ||||||
19 | provisions of this Act for the offense or offenses which were | ||||||
20 | the subject of the successful petition for termination of | ||||||
21 | registration. This exemption shall apply only to those offenses | ||||||
22 | which were the subject of the successful petition for | ||||||
23 | termination of registration, and shall not apply to any other | ||||||
24 | or subsequent offenses requiring registration under this Act. | ||||||
25 | (e) To determine whether a registrant poses a risk
to the | ||||||
26 | community as required by subsection (d), the court shall
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1 | consider the following factors: | ||||||
2 | (1) a risk assessment performed by an evaluator | ||||||
3 | licensed under the Sex Offender Evaluation and Treatment | ||||||
4 | Provider Act
approved by the Sex Offender Management Board ; | ||||||
5 | (2) the sex offender history of the adjudicated
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6 | juvenile delinquent; | ||||||
7 | (3) evidence of the adjudicated juvenile delinquent's
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8 | rehabilitation; | ||||||
9 | (4) the age of the adjudicated juvenile delinquent at
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10 | the time of the offense; | ||||||
11 | (5) information related to the adjudicated juvenile
| ||||||
12 | delinquent's mental, physical, educational, and social
| ||||||
13 | history; | ||||||
14 | (6) victim impact statements; and | ||||||
15 | (7) any other factors deemed relevant by the court. | ||||||
16 | (f) At the hearing set forth in subsections (c) and (d), a
| ||||||
17 | registrant shall be represented by counsel and may present a
| ||||||
18 | risk assessment conducted by an evaluator who is licensed under | ||||||
19 | the Sex Offender Evaluation and Treatment Provider Act a | ||||||
20 | licensed
psychiatrist, psychologist, or other mental health
| ||||||
21 | professional, and who has demonstrated clinical experience in
| ||||||
22 | juvenile sex offender treatment . | ||||||
23 | (g) After a registrant completes the term of his or her
| ||||||
24 | registration, his or her name, address, and all other
| ||||||
25 | identifying information shall be removed from all State and
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26 | local registries. |
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1 | (h) This Section applies retroactively to cases in which
| ||||||
2 | adjudicated juvenile delinquents who registered or were
| ||||||
3 | required to register before the effective date of this
| ||||||
4 | amendatory Act of the 95th General Assembly. On or after the
| ||||||
5 | effective date of this amendatory Act of the 95th General
| ||||||
6 | Assembly, a person adjudicated delinquent before the effective
| ||||||
7 | date of this amendatory Act of the 95th General Assembly may
| ||||||
8 | request a hearing regarding status of registration by filing a | ||||||
9 | Petition Requesting Registration Status with the clerk of the | ||||||
10 | court. Upon receipt of the Petition Requesting Registration
| ||||||
11 | Status, the clerk of the court shall provide notice to the
| ||||||
12 | parties and set the Petition for hearing pursuant to
| ||||||
13 | subsections (c) through (e) of this Section. | ||||||
14 | (i) This Section does not apply to minors prosecuted under
| ||||||
15 | the criminal laws as adults.
| ||||||
16 | (Source: P.A. 97-578, eff. 1-1-12.) | ||||||
17 | Section 999. Effective date. This Act takes effect July 1, | ||||||
18 | 2013, except that this Section, Section 175, Section 180, and | ||||||
19 | the amendatory changes to Sections 2 and 3 of the Sex Offender | ||||||
20 | Registration Act take effect on January 1, 2013, the other | ||||||
21 | amendatory changes to Section 3-5 of the Sex Offender | ||||||
22 | Registration Act, the amendatory changes to the Sexually | ||||||
23 | Dangerous Persons Act, and the amendatory changes to the | ||||||
24 | Sexually Violent Persons Commitment Act take effect January 1, | ||||||
25 | 2014.".
|