Sen. Kwame Raoul
Filed: 4/11/2011
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1 | AMENDMENT TO SENATE BILL 265
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2 | AMENDMENT NO. ______. Amend Senate Bill 265 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Sex Offender Management Board Act is | ||||||
5 | amended by changing Section 15 as follows: | ||||||
6 | (20 ILCS 4026/15)
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7 | Sec. 15. Sex Offender Management Board; creation; duties.
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8 | (a) There is created the Sex Offender Management Board, | ||||||
9 | which shall consist
of 20 24
members. The membership of the | ||||||
10 | Board shall consist of the
following
persons:
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11 | (1) Two members appointed by the Governor representing | ||||||
12 | the judiciary, one
representing juvenile court matters and | ||||||
13 | one
representing adult criminal court matters;
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14 | (2) One member appointed by the Governor representing | ||||||
15 | Probation
Services based on the recommendation of the | ||||||
16 | Illinois Probation and Court Services Association ;
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1 | (3) One member appointed by the Governor representing | ||||||
2 | the Department of
Corrections;
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3 | (4) One member appointed by the Governor representing | ||||||
4 | the Department of
Human Services;
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5 | (5) One member appointed by the Governor representing | ||||||
6 | the Illinois State
Police;
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7 | (6) One member appointed by the Governor representing | ||||||
8 | the Department of
Children and Family Services;
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9 | (7) One member appointed by the Attorney General | ||||||
10 | representing the Office
of the Attorney General;
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11 | (8) One member Two members appointed by the Attorney | ||||||
12 | General who is a are licensed mental
health professional | ||||||
13 | professionals with documented expertise in the treatment | ||||||
14 | of sex
offenders;
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15 | (9) Two members appointed by the Attorney General who | ||||||
16 | are State's
Attorneys or assistant State's Attorneys, one | ||||||
17 | representing juvenile court
matters and one representing | ||||||
18 | felony court matters;
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19 | (10) One member being the Cook County State's Attorney | ||||||
20 | or his or her
designee;
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21 | (11) One member being the Director of the State's | ||||||
22 | Attorneys Appellate
Prosecutor or his or her designee;
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23 | (12) One member being the Cook County Public Defender | ||||||
24 | or his or her
designee;
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25 | (13) Two members appointed by the Governor who are | ||||||
26 | representatives
of law enforcement, one juvenile officer |
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1 | and one sex crime investigator;
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2 | (14) Two members appointed by the Attorney General who | ||||||
3 | are recognized
experts in the field of sexual assault and | ||||||
4 | who can represent sexual assault
victims and victims' | ||||||
5 | rights organizations;
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6 | (15) One member being the State Appellate Defender or | ||||||
7 | his or her
designee;
and
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8 | (16) One member being the President of the Illinois | ||||||
9 | Polygraph Society or
his or her designee;
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10 | (16) (17) One member being the Executive Director of | ||||||
11 | the Criminal Justice
Information Authority or his or her | ||||||
12 | designee . ;
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13 | (18) One member being the President of the Illinois | ||||||
14 | Chapter of the
Association for the Treatment of Sexual | ||||||
15 | Abusers or his or her designee; and
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16 | (19) One member representing the Illinois Principal | ||||||
17 | Association.
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18 | (b) The Governor and the Attorney General shall appoint a | ||||||
19 | presiding officer
for the Board
from among the board members | ||||||
20 | appointed under subsection (a) of this
Section, which presiding | ||||||
21 | officer shall serve at the pleasure of the Governor
and the | ||||||
22 | Attorney
General.
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23 | (c) Each member of the Board shall demonstrate substantial | ||||||
24 | expertise and
experience in the field of sexual assault.
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25 | (d) (1) Any member of the Board created in subsection (a) | ||||||
26 | of this Section
who is appointed under paragraphs (1) through |
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1 | (7) of subsection (a) of
this
Section shall serve at the | ||||||
2 | pleasure of the official who appointed that member,
for a term | ||||||
3 | of 5 years and may be reappointed. The members shall serve
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4 | without additional compensation.
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5 | (2) Any member of the Board created in subsection (a) of | ||||||
6 | this Section who
is appointed under paragraphs (8) through (14) | ||||||
7 | of subsection (a) of this
Section shall serve for a term of 5 | ||||||
8 | years and may be reappointed. However, the terms of the members | ||||||
9 | appointed under paragraphs (8) of subsection (a) of this | ||||||
10 | Section shall end on the effective date of this amendatory Act | ||||||
11 | of the 97th General Assembly. Within 30 days after the | ||||||
12 | effective date of this amendatory Act of the 97th General | ||||||
13 | Assembly, the Attorney General shall appoint a member under | ||||||
14 | paragraph (8) of subsection (a) of this Section to fill the | ||||||
15 | vacancy created by this amendatory Act of the 97th General | ||||||
16 | Assembly. A person who has previously served as a member of the | ||||||
17 | Board may be reappointed. The terms of the President of the | ||||||
18 | Illinois Polygraph Society or
his or her designee, the | ||||||
19 | President of the Illinois Chapter of the
Association for the | ||||||
20 | Treatment of Sexual Abusers or his or her designee, and the | ||||||
21 | member representing the Illinois Principal Association end on | ||||||
22 | the effective date of this amendatory Act of the 97th General | ||||||
23 | Assembly. The members
shall serve without
compensation.
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24 | (3) The travel costs associated with membership on the | ||||||
25 | Board created in
subsection (a) of this Section will be | ||||||
26 | reimbursed subject to availability of
funds.
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1 | (e) The first meeting of this Board shall be held within 45 | ||||||
2 | days of the
effective date of this Act.
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3 | (f) The Board shall carry out the following duties:
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4 | (1) Not later than December 31, 2001,
the
Board shall | ||||||
5 | develop and prescribe separate standardized procedures for | ||||||
6 | the
evaluation and identification of the offender and | ||||||
7 | recommend behavior
management,
monitoring, and treatment
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8 | based upon the knowledge that sex
offenders are
extremely | ||||||
9 | habituated and that there is no known cure for the | ||||||
10 | propensity to
commit sex abuse. The Board shall develop and | ||||||
11 | implement measures of success
based upon a no-cure policy | ||||||
12 | for intervention. The Board shall develop and
implement | ||||||
13 | methods of intervention for sex offenders which have as a | ||||||
14 | priority
the physical and psychological safety of victims | ||||||
15 | and potential
victims and which are appropriate to the | ||||||
16 | needs of the particular offender, so
long as there is no | ||||||
17 | reduction of the safety of victims and potential victims.
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18 | (2) Not later than December 31, 2001, the Board
shall | ||||||
19 | develop separate guidelines and standards for a system of | ||||||
20 | programs for
the evaluation and treatment
of both juvenile | ||||||
21 | and adult sex
offenders which shall
be utilized
by | ||||||
22 | offenders who are placed on probation, committed to the | ||||||
23 | Department of
Corrections or Department of Human Services, | ||||||
24 | or placed on mandatory
supervised release or parole. The | ||||||
25 | programs
developed under this paragraph (f) shall be as | ||||||
26 | flexible as possible so
that the programs may be utilized |
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1 | by each offender to prevent the offender
from harming | ||||||
2 | victims and potential victims. The programs shall be | ||||||
3 | structured
in such a manner that the programs provide a | ||||||
4 | continuing monitoring process as
well as a continuum of | ||||||
5 | counseling programs for each offender as that offender
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6 | proceeds through the justice system. Also, the programs | ||||||
7 | shall
be developed in such a manner that, to the extent | ||||||
8 | possible, the programs may be
accessed by all offenders in | ||||||
9 | the justice system.
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10 | (3) There is established the Sex Offender Management | ||||||
11 | Board Fund in the
State Treasury into which funds received | ||||||
12 | under any provision of law or from
public or private | ||||||
13 | sources
shall be deposited, and from which funds
shall be | ||||||
14 | appropriated for the purposes set forth in Section 19 of | ||||||
15 | this Act,
Section 5-6-3 of the Unified Code of Corrections, | ||||||
16 | and Section 3 of the Sex
Offender Registration Act, and the | ||||||
17 | remainder shall be
appropriated to the Sex Offender | ||||||
18 | Management Board for planning and
research.
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19 | (4) The Board shall develop and prescribe a plan to | ||||||
20 | research and analyze
the effectiveness of the evaluation, | ||||||
21 | identification, and counseling procedures
and programs | ||||||
22 | developed under this Act. The Board shall also develop and
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23 | prescribe a system for implementation of the guidelines and | ||||||
24 | standards developed
under paragraph (2) of this subsection | ||||||
25 | (f) and for tracking offenders who
have been subjected to | ||||||
26 | evaluation, identification, and treatment
under
this Act. |
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1 | In addition, the Board shall develop a system for | ||||||
2 | monitoring
offender behaviors and offender adherence to | ||||||
3 | prescribed behavioral changes.
The results of the tracking | ||||||
4 | and behavioral monitoring shall be a part of any
analysis | ||||||
5 | made under this paragraph (4).
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6 | (g) The Board may promulgate rules as are necessary to | ||||||
7 | carry
out the duties of the Board.
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8 | (h) The Board and the individual members of the Board shall | ||||||
9 | be immune from
any liability, whether civil or criminal, for | ||||||
10 | the good faith performance of
the duties of the Board as | ||||||
11 | specified in this Section.
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12 | (Source: P.A. 93-616, eff. 1-1-04.)".
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