Sen. Kwame Raoul

Filed: 3/2/2012

 

 


 

 


 
09700SB3638sam002LRB097 20230 MRW 66770 a

1
AMENDMENT TO SENATE BILL 3638

2    AMENDMENT NO. ______. Amend Senate Bill 3638 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Sex
5Offender Evaluation and Treatment Provider Act.
 
6    Section 5. Declaration of public policy. The practice of
7sex offender evaluation and treatment in Illinois is hereby
8declared to affect the public health, safety and welfare, and
9to be subject to regulations in the public interest. The
10purpose of this Act is to establish standards of qualifications
11for sex offender evaluators and sex offender treatment
12providers, thereby protecting the public from persons who are
13unauthorized or unqualified to represent themselves as
14licensed sex offender evaluators and sex offender treatment
15providers, and from unprofessional conduct by persons licensed
16to practice sex offender evaluation and treatment.
 

 

 

09700SB3638sam002- 2 -LRB097 20230 MRW 66770 a

1    Section 10. Definitions. As used in this Act:
2    "Address of record" means the designated address recorded
3by the Department in the applicant's or licensee's application
4file or license file maintained by the Department's licensure
5maintenance unit.
6    "Associate sex offender provider" means a person licensed
7under this Act to conduct sex offender evaluations or provide
8sex offender treatment services under the supervision of a
9licensed sex offender treatment evaluator or a licensed sex
10offender treatment provider.
11    "Board" means the Sex Offender Evaluation and Treatment
12Licensing and Disciplinary Board.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Licensee" means a person who has obtained a license under
16this Act.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    "Sex offender evaluation" means a sex-offender specific
20evaluation that systematically uses a variety of standardized
21measurements, assessments and information gathered
22collaterally and through face-to-face interviews. Sex-offender
23specific evaluations assess risk to the community; identify and
24document treatment and developmental needs, including safe and
25appropriate placement settings; determine amenability to

 

 

09700SB3638sam002- 3 -LRB097 20230 MRW 66770 a

1treatment; and are the foundation of treatment, supervision,
2and placement recommendations.
3    "Sex offender evaluator" means a person licensed under this
4Act to conduct sex offender evaluations.
5    "Sex offender treatment" means a comprehensive set of
6planned therapeutic interventions and experiences to reduce
7the risk of further sexual offending and abusive behaviors by
8the offender. Treatment may include adjunct therapies to
9address the unique needs of the individual, but must include
10offense specific services by a treatment provider who meets the
11qualifications in Section 30 of this Act. Treatment focuses on
12the situations, thoughts, feelings, and behavior that have
13preceded and followed past offending (abuse cycles) and
14promotes change in each area relevant to the risk of continued
15abusive, offending, or deviant sexual behaviors. Due to the
16heterogeneity of the persons who commit sex offenses, treatment
17is provided based on the individualized evaluation and
18assessment. Treatment is designed to stop sex offending and
19abusive behavior, while increasing the offender's ability to
20function as a healthy, pro-social member of the community.
21Progress in treatment is measured by change rather than the
22passage of time.
23    "Sex offender treatment provider" means a person licensed
24under this Act to provide sex offender treatment.
 
25    Section 15. Duties of the Department. The Department shall

 

 

09700SB3638sam002- 4 -LRB097 20230 MRW 66770 a

1exercise the powers and duties prescribed by the Civil
2Administrative Code of Illinois for administration of
3licensing acts and shall exercise other powers and duties
4necessary for effectuating the purpose of this Act. The
5Department shall adopt rules to implement, interpret, or make
6specific the provisions and purposes of this Act.
 
7    Section 20. Sex Offender Evaluation and Treatment Provider
8Licensing and Disciplinary Board.
9    (a) There is established within the Department the Sex
10Offender Evaluation and Treatment Licensing and Disciplinary
11Board to be appointed by the Secretary. The Board shall be
12composed of 8 persons who shall serve in an advisory capacity
13to the Secretary. The Board shall elect a chairperson and a
14vice chairperson.
15    (b) In appointing members of the Board, the Secretary shall
16give due consideration to recommendations by members of the
17profession of sex offender evaluation and treatment.
18    (c) Three members of the Board shall be sex offender
19evaluation or treatment providers, or both, who have been in
20active practice for at least 5 years immediately preceding
21their appointment. The appointees shall be licensed under this
22Act.
23    (d) One member shall represent the Department of
24Corrections.
25    (e) One member shall represent the Department of Human

 

 

09700SB3638sam002- 5 -LRB097 20230 MRW 66770 a

1Services.
2    (f) One member shall represent the Administrative Office of
3Illinois Courts representing the interests of probation
4services.
5    (g) One member shall represent the Sex Offender Management
6Board.
7    (h) One member shall be representative of the general
8public who has no direct affiliation or work experience with
9the practice of sex offender evaluation and treatment and who
10clearly represent consumer interests.
11    (i) Board members shall be appointed for a term of 4 years,
12except that any person chosen to fill a vacancy shall be
13appointed only for the unexpired term of the Board member whom
14he or she shall succeed. Upon the expiration of his or her term
15of office, a Board member shall continue to serve until a
16successor is appointed and qualified. No member shall be
17reappointed to the Board for a term that would cause continuous
18service on the Board to be longer than 8 years.
19    (j) The membership of the Board shall reasonably reflect
20representation from the various geographic areas of the State.
21    (k) A member of the Board shall be immune from suit in any
22action based upon any disciplinary proceedings or other
23activities performed in good faith as a member of the Board.
24    (l) The Secretary may remove a member of the Board for any
25cause that, in the opinion of the Secretary, reasonably
26justifies termination.

 

 

09700SB3638sam002- 6 -LRB097 20230 MRW 66770 a

1    (m) The Secretary may consider the recommendations of the
2Board on questions of standards of professional conduct,
3discipline, and qualification of candidates or licensees under
4this Act.
5    (n) The members of the Board shall be reimbursed for all
6legitimate, necessary, and authorized expenses.
7    (o) A majority of the Board members currently appointed
8shall constitute a quorum. A vacancy in the membership of the
9Board shall not impair the right of a quorum to exercise all
10the rights and perform all the duties of the Board.
 
11    Section 25. Application.
12    (a) Applications for original licensure shall be made to
13the Department in writing on forms prescribed by the Department
14and shall be accompanied by the appropriate documentation and
15the required fee, which fee is nonrefundable. An application
16shall require information as, in the judgment of the
17Department, will enable the Department to pass on the
18qualifications of the applicant for licensing.
19    (b) A license shall not be denied to an applicant because
20of the applicant's race, religion, creed, national origin,
21political beliefs or activities, age, sex, sexual orientation,
22or physical disability that does not affect a person's ability
23to practice with reasonable judgment, skill, or safety.
 
24    Section 30. Social Security Number on license application.

 

 

09700SB3638sam002- 7 -LRB097 20230 MRW 66770 a

1In addition to any other information required to be contained
2in the application, every application for an original, renewal,
3reinstated, or restored license under this Act shall include
4the applicant's Social Security number.
 
5    Section 35. Qualifications for licensure.
6    (a)(1) A person is qualified for licensure as a sex
7offender 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
16a sex offender evaluator license by the Department if the
17person meets the qualifications set forth in paragraph (1) of
18this subsection (a) and provides evidence to the Department
19that 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

 

 

09700SB3638sam002- 8 -LRB097 20230 MRW 66770 a

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
21offender 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

 

 

09700SB3638sam002- 9 -LRB097 20230 MRW 66770 a

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
4a sex offender treatment provider license by the Department if
5the person meets the qualifications set forth in paragraph (1)
6of this subsection (c) and provides evidence to the Department
7that 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;

 

 

09700SB3638sam002- 10 -LRB097 20230 MRW 66770 a

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
6sex 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).
14    (2) A person who applies to the Department shall be issued
15an associate sex offender provider license by the Department if
16the person meets the qualifications set forth in paragraph (1)
17of this subsection (c) and provides evidence to the Department
18that the person holds a master's degree or higher in social
19work, psychology, marriage and family therapy, counseling or
20closely related behavioral science degree, or psychiatry.
 
21    Section 40. Exemptions. This Act does not prohibit a
22person licensed under any other Act in this State from engaging
23in the practice for which he or she is licensed.
 
24    Section 45. License renewal; restoration.

 

 

09700SB3638sam002- 11 -LRB097 20230 MRW 66770 a

1    (a) The expiration date and renewal period for a license
2issued under this Act shall be set by rule. The holder of a
3license under this Act may renew that license during the 90 day
4period immediately preceding the expiration date upon payment
5of the required renewal fees and demonstrating compliance with
6any continuing education requirements. The Department shall
7adopt rules establishing minimum requirements of continuing
8education and means for verification of the completion of the
9continuing education requirements. The Department may, by
10rule, specify circumstances under which the continuing
11education requirements may be waived.
12    (b) A licensee who has permitted his or her license to
13expire or who has had his or her license on inactive status may
14have his or her license restored by making application to the
15Department and filing proof acceptable to the Department, as
16defined by rule, of his or her fitness to have his or her
17license restored, including evidence certifying to active
18practice in another jurisdiction satisfactory to the
19Department 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
22the United States, or the State Militia called into service or
23training, or (2) in training or education under the supervision
24of the United States preliminary to induction into the military
25service, may have his or her license renewed or restored
26without paying any lapsed renewal fees if within 2 years after

 

 

09700SB3638sam002- 12 -LRB097 20230 MRW 66770 a

1honorable termination of service, training or education he or
2she furnishes the Department with satisfactory evidence to the
3effect that he or she has been so engaged and that his or her
4service, training or education has been terminated.
 
5    Section 50. Inactive status.
6    (a) A licensee who notifies the Department in writing on
7forms prescribed by the Department, may elect to place his or
8her license on an inactive status and shall, subject to rules
9of the Department, be excused from payment of renewal fees
10until he or she notifies the Department in writing of his or
11her intent to restore his or her license.
12    (b) A licensee requesting restoration from inactive status
13shall be required to pay the current renewal fee and shall be
14required to restore his or her license as provided in Section
1545 of this Act.
16    (c) A licensee whose license is in an inactive status shall
17not practice in the State of Illinois.
18    (d) A licensee who provides sex offender evaluation or
19treatment services while his or her license is lapsed or on
20inactive status shall be considered to be practicing without a
21license which shall be grounds for discipline under this Act.
 
22    Section 55. Fees. The fees for the administration and
23enforcement of this Act, including but not limited to original
24licensure, renewal, and restoration, shall be set by rule of

 

 

09700SB3638sam002- 13 -LRB097 20230 MRW 66770 a

1the Department. The fees shall be nonrefundable.
 
2    Section 60. Deposit of fees and fines. All of the fees and
3fines collected under this Act shall be deposited into the
4General Professions Dedicated Fund.
 
5    Section 65. Payments; penalty for insufficient funds. A
6person who delivers a check or other payment to the Department
7that is returned to the Department unpaid by the financial
8institution upon which it is drawn shall pay to the Department,
9in addition to the amount already owed to the Department, a
10fine of $50. The fines imposed by this Section are in addition
11to any other discipline provided under this Act prohibiting
12unlicensed practice or practice on a nonrenewed license. The
13Department shall notify the person that payment of fees and
14fines shall be paid to the Department by certified check or
15money order within 30 calendar days after notification. If,
16after the expiration of 30 days from the date of the
17notification, the person has failed to submit the necessary
18remittance, the Department shall automatically terminate the
19license or deny the application, without hearing. If, after
20termination or denial, the person seeks a license, he or she
21shall apply to the Department for restoration or issuance of
22the license and pay all fees and fines due to the Department.
23The Department may establish a fee for the processing of an
24application for restoration of a license to pay all expenses of

 

 

09700SB3638sam002- 14 -LRB097 20230 MRW 66770 a

1processing the application. The Secretary may waive the fines
2due under this Section in individual cases where the Secretary
3finds that the fines would be unreasonable or unnecessarily
4burdensome.
 
5    Section 70. Roster; address change.
6    (a) The Department shall maintain a roster of names and
7addresses of all persons who hold valid licenses and all
8persons whose licenses have been suspended or revoked within
9the previous year. This roster shall be available upon request
10and payment of the required fee.
11    (b) It is the duty of the applicant or licensee to inform
12the Department of any change of address, and that change must
13be made either through the Department's website or by
14contacting the Department's licensure maintenance unit.
 
15    Section 75. Refusal, revocation, or suspension.
16    (a) The Department may refuse to issue or renew, or may
17revoke, suspend, place on probation, reprimand, or take other
18disciplinary or non disciplinary action, as the Department
19considers appropriate, including the imposition of fines not to
20exceed $10,000 for each violation, with regard to any license
21or licensee for any one or more of the following:
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

 

 

09700SB3638sam002- 15 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 16 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 17 -LRB097 20230 MRW 66770 a

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
17date of the order imposing the fine.
18    (b) The Department may refuse to issue or may suspend the
19license of any person who fails to file a tax return, to pay
20the tax, penalty, or interest shown in a filed tax return, or
21to pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Illinois Department
23of Revenue, until such time as the requirements of the tax Act
24are satisfied in accordance with subsection (g) of Section
252105-15 of the Civil Administrative Code of Illinois.
26    (c) The Department shall deny a license or renewal

 

 

09700SB3638sam002- 18 -LRB097 20230 MRW 66770 a

1authorized by this Act to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with item (5) of subsection
5(g) of Section 2105-15 of the Civil Administrative Code of
6Illinois.
7    (d) In cases where the Department of Healthcare and Family
8Services has previously determined that a licensee or a
9potential licensee is more than 30 days delinquent in the
10payment of child support and has subsequently certified the
11delinquency to the Department, the Department may refuse to
12issue or renew or may revoke or suspend that person's license
13or may take other disciplinary action against that person based
14solely upon the certification of delinquency made by the
15Department of Healthcare and Family Services in accordance with
16item (5) of subsection (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18    (e) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission, as
20provided in the Mental Health and Developmental Disabilities
21Code, operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and the issuance of a court order so finding and discharging
25the patient.
26    (f) In enforcing this Act, the Department or Board, upon a

 

 

09700SB3638sam002- 19 -LRB097 20230 MRW 66770 a

1showing of a possible violation, may compel an individual
2licensed to practice under this Act, or who has applied for
3licensure under this Act, to submit to a mental or physical
4examination, or both, as required by and at the expense of the
5Department. The Department or Board may order the examining
6physician to present testimony concerning the mental or
7physical examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physicians shall be specifically designated by the
12Board or Department. The individual to be examined may have, at
13his or her own expense, another physician of his or her choice
14present during all aspects of this examination. The examination
15shall be performed by a physician licensed to practice medicine
16in all its branches. Failure of an individual to submit to a
17mental or physical examination, when directed, shall result in
18an automatic suspension without hearing.
19    A person holding a license under this Act or who has
20applied for a license under this Act who, because of a physical
21or mental illness or disability, including, but not limited to,
22deterioration through the aging process or loss of motor skill,
23is unable to practice the profession with reasonable judgment,
24skill, or safety, may be required by the Department to submit
25to care, counseling, or treatment by physicians approved or
26designated by the Department as a condition, term, or

 

 

09700SB3638sam002- 20 -LRB097 20230 MRW 66770 a

1restriction for continued, reinstated, or renewed licensure to
2practice. Submission to care, counseling, or treatment as
3required by the Department shall not be considered discipline
4of a license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, the Department may file a complaint to
7revoke, suspend, or otherwise discipline the license of the
8individual. The Secretary may order the license suspended
9immediately, pending a hearing by the Department. Fines shall
10not be assessed in disciplinary actions involving physical or
11mental illness or impairment.
12    In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 15 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    An individual licensed under this Act and subject to action
22under this Section shall be afforded an opportunity to
23demonstrate to the Department or Board that he or she can
24resume practice in compliance with acceptable and prevailing
25standards under the provisions of his or her license.
 

 

 

09700SB3638sam002- 21 -LRB097 20230 MRW 66770 a

1    Section 80. Continuing education. The Department shall
2adopt rules for continuing education for persons licensed under
3this Act that require a completion of 20 hours of approved sex
4offender specific continuing education per license renewal
5period. The Department shall establish by rule a means for the
6verification of completion of the continuing education
7required by this Section. This verification may be accomplished
8through audits of records maintained by the licensee, by
9requiring the filing of continuing education certificates with
10the Department, or by other means established by the
11Department.
 
12    Section 85. Violations; injunctions; cease and desist
13order.
14    (a) If a person violates a provision of this Act, the
15Secretary may, in the name of the People of the State of
16Illinois, through the Attorney General, petition for an order
17enjoining the violation or for an order enforcing compliance
18with this Act. Upon the filing of a verified petition in court,
19the court may issue a temporary restraining order, without
20notice or bond, and may preliminarily and permanently enjoin
21the violation. If it is established that the person has
22violated or is violating the injunction, the Court may punish
23the offender for contempt of court. Proceedings under this
24Section are in addition to, and not in lieu of, all other
25remedies and penalties provided by this Act.

 

 

09700SB3638sam002- 22 -LRB097 20230 MRW 66770 a

1    (b) If a person engages in sex offender evaluation or
2treatment or holds himself or herself out as licensee without
3having a valid license under this Act, then any licensee, any
4interested party or any person injured thereby may, in addition
5to 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
8violated any provision of this Act, the Department may issue a
9rule to show cause why an order to cease and desist should not
10be entered against him or her. The rule shall clearly set forth
11the grounds relied upon by the Department and shall provide a
12period of 7 days from the date of the rule to file an answer to
13the satisfaction of the Department. Failure to answer to the
14satisfaction of the Department shall cause an order to cease
15and desist to be issued immediately.
 
16    Section 90. Unlicensed practice; violation; civil penalty.
17    (a) A person who practices, offers to practice, attempts to
18practice, or holds himself or herself out to practice as a
19licensee without being licensed under this Act shall, in
20addition to any other penalty provided by law, pay a civil
21penalty to the Department in an amount not to exceed $10,000
22for each offense, as determined by the Department. The civil
23penalty shall be assessed by the Department after a hearing is
24held in accordance with the provisions of this Act regarding a
25hearing for the discipline of a licensee.

 

 

09700SB3638sam002- 23 -LRB097 20230 MRW 66770 a

1    (b) The Department may investigate any and all unlicensed
2activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
 
8    Section 95. Investigation; notice and hearing. The
9Department may investigate the actions or qualifications of any
10person or persons holding or claiming to hold a license. Before
11suspending, revoking, placing on probationary status, or
12taking any other disciplinary action as the Department may deem
13proper with regard to any license, at least 30 days before the
14date set for the hearing, the Department shall (i) notify the
15accused in writing of any charges made and the time and place
16for a hearing on the charges before the Board, (ii) direct him
17or her to file a written answer to the charges with the Board
18under oath within 20 days after the service on him or her of
19the notice, and (iii) inform him or her that if he or she fails
20to file an answer, default will be taken against him or her and
21his or her license may be suspended, revoked, placed on
22probationary status, or other disciplinary action taken with
23regard to the license, including limiting the scope, nature, or
24extent of his or her practice, as the Department may deem
25proper. In case the person, after receiving notice, fails to

 

 

09700SB3638sam002- 24 -LRB097 20230 MRW 66770 a

1file an answer, his or her license may, in the discretion of
2the Department, be suspended, revoked, placed on probationary
3status, or the Department may take whatever disciplinary action
4is deemed proper, including limiting the scope, nature, or
5extent of the person's practice or the imposition of a fine,
6without a hearing, if the act or acts charged constitute
7sufficient grounds for that action under this Act. Written
8notice may be served by personal delivery or by registered or
9certified mail to the applicant or licensee at his or her last
10address of record with the Department. In case the person fails
11to file an answer after receiving notice, his or her license
12may, in the discretion of the Department, be suspended,
13revoked, or placed on probationary status, or the Department
14may take whatever disciplinary action is deemed proper,
15including limiting the scope, nature, or extent of the person's
16practice or the imposition of a fine, without a hearing, if the
17act or acts charged constitute sufficient grounds for that
18action under this Act. The written answer shall be served by
19personal delivery, certified delivery, or certified or
20registered mail to the Department. At the time and place fixed
21in the notice, the Department shall proceed to hear the charges
22and the parties or their counsel shall be accorded ample
23opportunity to present statements, testimony, evidence, and
24argument as may be pertinent to the charges or to the defense
25thereto. The Department may continue the hearing from time to
26time. At the discretion of the Secretary after having first

 

 

09700SB3638sam002- 25 -LRB097 20230 MRW 66770 a

1received the recommendation of the Board, the accused person's
2license may be suspended or revoked, if the evidence
3constitutes sufficient grounds for that action under this Act.
 
4    Section 100. Record of proceeding. The Department, at its
5expense, shall preserve a record of all proceedings at the
6formal hearing of any case. The notice of hearing, complaint
7and all other documents in the nature of pleadings and written
8motions filed in the proceedings, the transcript of testimony,
9the report of the Board and orders of the Department shall be
10in the record of the proceedings. The Department shall furnish
11a transcript of the record to any person interested in the
12hearing upon payment of the fee required under Section 2105-115
13of the Department of Professional Regulation Law.
 
14    Section 105. Subpoenas; oaths; attendance of witnesses.
15The Department has the power to subpoena and to bring before it
16any person and to take testimony either orally or by
17deposition, or both, with the same fees and mileage and in the
18same manner as prescribed in civil cases in the courts of this
19State.
20    The Secretary, the designated hearing officer, and every
21member of the Board has power to administer oaths to witnesses
22at any hearing that the Department is authorized to conduct and
23any other oaths authorized in any Act administered by the
24Department. A circuit court may, upon application of the

 

 

09700SB3638sam002- 26 -LRB097 20230 MRW 66770 a

1Department or its designee, or of the applicant or licensee
2against whom proceedings under this Act are pending, enter an
3order requiring the attendance of witnesses and their
4testimony, and the production of documents, papers, files,
5books and records in connection with any hearing or
6investigation. The court may compel obedience to its order by
7proceedings for contempt.
 
8    Section 110. Recommendations for disciplinary action. At
9the conclusion of the hearing, the Board shall present to the
10Secretary a written report of its findings and recommendations.
11The report shall contain a finding whether or not the accused
12person violated this Act or failed to comply with the
13conditions required in this Act. The Board shall specify the
14nature of the violation or failure to comply, and shall make
15its recommendations to the Secretary.
16    The report of findings and recommendations of the Board
17shall be the basis for the Department's order for refusal or
18for the granting of a license, or for any disciplinary action,
19unless the Secretary shall determine that the Board's report is
20contrary to the manifest weight of the evidence, in which case
21the Secretary may issue an order in contravention of the
22Board's report. The finding is not admissible in evidence
23against the person in a criminal prosecution brought for the
24violation of this Act, but the hearing and finding are not a
25bar to a criminal prosecution brought for the violation of this

 

 

09700SB3638sam002- 27 -LRB097 20230 MRW 66770 a

1Act.
 
2    Section 115. Rehearing. In a hearing involving
3disciplinary action against a licensee, a copy of the Board's
4report shall be served upon the respondent by the Department,
5either personally or as provided in this Act for the service of
6the notice of hearing. Within 20 calendar days after service,
7the respondent may present to the Department a motion in
8writing for a rehearing that shall specify the particular
9grounds for rehearing. If no motion for rehearing is filed,
10then upon the expiration of the time specified for filing a
11motion, or if a motion for rehearing is denied, then upon
12denial, the Secretary may enter an order in accordance with
13recommendations of the Board, except as provided in this Act.
14If the respondent orders from the reporting service, and pays
15for, a transcript of the record within the time for filing a
16motion for rehearing, the 20 calendar day period within which a
17motion may be filed shall commence upon the delivery of the
18transcript to the respondent.
 
19    Section 120. Hearing by other hearing officer. Whenever
20the Secretary is not satisfied that substantial justice has
21been done in the revocation, suspension or refusal to issue or
22renew a license, the Secretary may order a rehearing by the
23same or other hearing officer.
 

 

 

09700SB3638sam002- 28 -LRB097 20230 MRW 66770 a

1    Section 125. Appointment of a hearing officer. The
2Secretary has the authority to appoint any attorney duly
3licensed to practice law in the State of Illinois to serve as
4the hearing officer in any action for refusal to issue or renew
5a license, or to discipline a licensee. The hearing officer has
6full authority to conduct the hearing. The hearing officer
7shall report his or her findings and recommendations to the
8Board and the Secretary. The Board has 60 calendar days from
9receipt of the report to review the report of the hearing
10officer and present its findings of fact, conclusions of law
11and recommendations to the Secretary. If the Board fails to
12present its report within the 60 calendar day period, the
13respondent may request in writing a direct appeal to the
14Secretary, in which case the Secretary shall, within 7 calendar
15days after receipt of the request, issue an order directing the
16Board to issue its findings of fact, conclusions of law, and
17recommendations to the Secretary within 30 calendar days after
18that order. If the Board fails to issue its findings of fact,
19conclusions of law, and recommendations within that time frame
20to the Secretary after the entry of the order, the Secretary
21shall, within 30 calendar days thereafter, issue an order based
22upon the report of the hearing officer and the record of the
23proceedings or issue an order remanding the matter back to the
24hearing officer for additional proceedings in accordance with
25the order. If (i) a direct appeal is requested, (ii) the Board
26fails to issue its findings of fact, conclusions of law, and

 

 

09700SB3638sam002- 29 -LRB097 20230 MRW 66770 a

1recommendations within the 30 day mandate from the Secretary or
2the Secretary fails to order the Board to do so, and (iii) the
3Secretary fails to issue an order within 30 calendar days
4thereafter, then the hearing officer's report is deemed
5accepted and a final decision of the Secretary. Notwithstanding
6any other provision of this Section, if the Secretary, upon
7review, determines that substantial justice has not been done
8in the revocation, suspension, or refusal to issue or renew a
9license or other disciplinary action taken as the result of the
10entry of the hearing officer's report, the Secretary may order
11a rehearing by the same or other hearing officer. If the
12Secretary disagrees with the recommendation of the Board or the
13hearing officer, the Secretary may issue an order in
14contravention of the recommendation.
 
15    Section 130. Order; certified copy. An order or a certified
16copy of the order, over the seal of the Department and
17purporting to be signed by the Secretary, shall be prima facie
18proof:
19    (a) that the signature is the genuine signature of the
20Secretary;
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
24or revocation of a license, the Department may restore the

 

 

09700SB3638sam002- 30 -LRB097 20230 MRW 66770 a

1license to the accused person, upon the written recommendation
2of the Board, unless after an investigation and a hearing the
3Board determines that restoration is not in the public
4interest.
 
5    Section 140. License surrender. Upon the revocation or
6suspension of a license, the licensee shall immediately
7surrender the license to the Department. If the licensee fails
8to do so, the Department has the right to seize the license.
 
9    Section 145. Summary suspension. The Secretary may
10summarily suspend the license of a licensee without a hearing,
11simultaneously with the institution of proceedings for a
12hearing provided for in this Act, if the Secretary finds that
13evidence in his or her possession indicates that a licensee's
14continuation in practice would constitute an imminent danger to
15the public. In the event that the Secretary summarily suspends
16the license of a licensee without a hearing, a hearing by the
17Board must be held within 30 calendar days after the suspension
18has occurred.
 
19    Section 150. Judicial review. All final administrative
20decisions of the Department are subject to judicial review
21under the Administrative Review Law and its rules. The term
22"administrative decision" is defined as in Section 3-101 of the
23Code of Civil Procedure.

 

 

09700SB3638sam002- 31 -LRB097 20230 MRW 66770 a

1    Proceedings for judicial review shall be commenced in the
2circuit court of the county in which the party applying for
3review resides; but if the party is not a resident of this
4State, the venue shall be in Sangamon County.
 
5    Section 155. Certification of records. The Department
6shall not be required to certify any record to the Court or
7file any answer in court or otherwise appear in any court in a
8judicial review proceeding, unless there is filed in the court,
9with the complaint, a receipt from the Department acknowledging
10payment of the costs of furnishing and certifying the record.
11Failure on the part of the plaintiff to file the receipt in
12Court shall be grounds for dismissal of the action.
 
13    Section 160. Violations; penalties. A person who is found
14to have violated any provision of this Act is guilty of a Class
15A misdemeanor for the first offense, and a Class 4 felony for a
16second and subsequent offense.
 
17    Section 165. Illinois Administrative Procedure Act. The
18Illinois Administrative Procedure Act is expressly adopted and
19incorporated in this Act as if all of the provisions of that
20Act were included in this Act, except that the provision of
21paragraph (d) of Section 10-65 of the Illinois Administrative
22Procedure Act, which provides that at hearings the license
23holder has the right to show compliance with all lawful

 

 

09700SB3638sam002- 32 -LRB097 20230 MRW 66770 a

1requirements for retention, continuation or renewal of the
2certificate, is specifically excluded. For the purpose of this
3Act the notice required under Section 10-25 of the Illinois
4Administrative Procedure Act is deemed sufficient when mailed
5to the last known address of a party.
 
6    Section 170. Home rule. The regulation and licensing of
7sex offender evaluators and treatment providers are exclusive
8powers and functions of the State. A home rule unit may not
9regulate or license sex offender evaluators and treatment
10providers. This Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution.
 
13    Section 172. Confidentiality. All information collected by
14the Department in the course of an examination or investigation
15of a licensee or applicant, including, but not limited to, any
16complaint against a licensee filed with the Department and
17information collected to investigate the complaint, shall be
18maintained for the confidential use of the Department and shall
19not be disclosed. The Department may not disclose the
20information except to law enforcement officials, other
21regulatory agencies that have an appropriate regulatory
22interest as determined by the Secretary, or to a party
23presenting a lawful subpoena to the Department. Information and
24documents disclosed to a federal, State, county, or local law

 

 

09700SB3638sam002- 33 -LRB097 20230 MRW 66770 a

1enforcement agency shall not be disclosed by the agency for any
2purpose to any other agency or person. A formal complaint filed
3against a licensee by the Department or any order issued by the
4Department against a licensee or applicant shall be a public
5record, except as otherwise prohibited by law.
 
6    Section 174. Multiple licensure. When a licensee under this
7Act, who is also a licensee under another statute enforced by
8the Department, is subject to any disciplinary action including
9but not limited to the probation, suspension or revocation of
10any license issued by the Department, the disciplinary action
11is automatically applied to all licenses held by the licensee
12by operation of law.
 
13    Section 175. The Sex Offender Management Board Act is
14amended by changing Sections 5, 10, 15, 16, 17, 18, 19, and 20
15as follows:
 
16    (20 ILCS 4026/5)
17    Sec. 5. Legislative declaration. The General Assembly
18hereby declares that the comprehensive evaluation, treatment,
19identification, counseling, and management continued
20monitoring of sex offenders who are subject to the supervision
21of the criminal or juvenile justice systems or mental health
22systems is necessary in order to work toward the elimination of
23recidivism by such offenders. Therefore, the General Assembly

 

 

09700SB3638sam002- 34 -LRB097 20230 MRW 66770 a

1hereby creates a program which assists in the education and
2training of parole, probation, law enforcement, treatment
3providers and other involved in the management of sex
4offenders. This program will standardize Therefore, the
5General Assembly hereby creates a program which standardizes
6the evaluation, treatment, identification, counseling, and
7management continued monitoring of sex offenders at each stage
8of the criminal or juvenile justice systems or mental health
9systems so that those offenders will curtail recidivistic
10behavior and the protection of victims and potential victims
11will be enhanced. The General Assembly recognizes that some sex
12offenders cannot or will not respond to counseling and that, in
13creating the program described in this Act, the General
14Assembly does not intend to imply that all sex offenders can be
15successful 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
19otherwise requires:
20    (a) "Board" means the Sex Offender Management Board created
21in Section 15.
22    (b) "Sex offender" means any person who is convicted or
23found delinquent in the State of Illinois, or under any
24substantially similar federal law or law of another state, of
25any sex offense or attempt of a sex offense as defined in

 

 

09700SB3638sam002- 35 -LRB097 20230 MRW 66770 a

1subsection (c) of this Section, or any former statute of this
2State that defined a felony sex offense, or who has been
3declared certified as a sexually dangerous person under the
4Sexually Dangerous Persons Act or declared a sexually violent
5person under the Sexually Violent Persons Commitment Act, or
6any substantially similar federal law or law of another state.
7    (c) "Sex offense" means any felony or misdemeanor offense
8described 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;

 

 

09700SB3638sam002- 36 -LRB097 20230 MRW 66770 a

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
16Criminal 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

 

 

09700SB3638sam002- 37 -LRB097 20230 MRW 66770 a

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,
9and supervision of any sex offender that conforms to the
10standards created by the Board under Section 15.
11    (e) "Sexually motivated" means one or more of the facts of
12the underlying offense indicates conduct that is of a sexual
13nature or that shows an intent to engage in behavior of a
14sexual nature.
15    (f) "Sex offender evaluator" means a person licensed under
16the Sex Offender Evaluation and Treatment Provider Act to
17conduct sex offender evaluations.
18    (g) "Sex offender treatment provider" means a person
19licensed under the Sex Offender Evaluation and Treatment
20Provider Act to provide sex offender treatment services.
21    (h) "Associate sex offender provider" means a person
22licensed under the Sex Offender Evaluation and Treatment
23Provider Act to provide sex offender evaluations and to provide
24sex offender treatment under the supervision of a licensed sex
25offender evaluator or a licensed sex offender treatment
26provider.

 

 

09700SB3638sam002- 38 -LRB097 20230 MRW 66770 a

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,
5which shall consist of 22 20 members. The membership of the
6Board 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;

 

 

09700SB3638sam002- 39 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 40 -LRB097 20230 MRW 66770 a

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
10presiding officer for the Board from among the board members
11appointed under subsection (a) of this Section, which presiding
12officer shall serve at the pleasure of the Governor and the
13Attorney General.
14    (c) Each member of the Board shall demonstrate substantial
15expertise and experience in the field of sexual assault.
16    (d) (1) Any member of the Board created in subsection (a)
17of this Section who is appointed under paragraphs (1) through
18(7) of subsection (a) of this Section shall serve at the
19pleasure of the official who appointed that member, for a term
20of 5 years and may be reappointed. The members shall serve
21without additional compensation.
22    (2) Any member of the Board created in subsection (a) of
23this Section who is appointed under paragraphs (8) through (19)
24(14) of subsection (a) of this Section shall serve for a term
25of 5 years and may be reappointed. However, the term terms of
26the member members appointed under paragraph paragraphs (8) of

 

 

09700SB3638sam002- 41 -LRB097 20230 MRW 66770 a

1subsection (a) of this Section shall end on January 1, 2012 the
2effective date of this amendatory Act of the 97th General
3Assembly. Within 30 days after January 1, 2012 the effective
4date of this amendatory Act of the 97th General Assembly, the
5Attorney General shall appoint a member under paragraph (8) of
6subsection (a) of this Section to fill the vacancy created by
7this amendatory Act of the 97th General Assembly. A person who
8has previously served as a member of the Board may be
9reappointed. The term terms of the President of the Illinois
10Polygraph Society or his or her designee, the President of the
11Illinois Chapter of the Association for the Treatment of Sexual
12Abusers or his or her designee, and the member representing the
13Illinois Principal Association ends end on January 1, 2012 the
14effective date of this amendatory Act of the 97th General
15Assembly. The members shall serve without compensation.
16    (3) The travel costs associated with membership on the
17Board created in subsection (a) of this Section may will be
18reimbursed subject to availability of funds.
19    (e) (Blank). The first meeting of this Board shall be held
20within 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

 

 

09700SB3638sam002- 42 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 43 -LRB097 20230 MRW 66770 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

 

 

09700SB3638sam002- 44 -LRB097 20230 MRW 66770 a

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
18carry out the duties of the Board.
19    (h) The Board and the individual members of the Board shall
20be immune from any liability, whether civil or criminal, for
21the good faith performance of the duties of the Board as
22specified 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

 

 

09700SB3638sam002- 45 -LRB097 20230 MRW 66770 a

1required.
2    (a) Beginning on January 1, 2004 the effective date of this
3amendatory Act of the 93rd General Assembly, each felony sex
4offender who is to be considered for probation shall be
5required as part of the pre-sentence or social investigation to
6submit to an evaluation for treatment, an evaluation for risk,
7and procedures for monitoring of behavior to protect victims
8and potential victims developed pursuant to item (1) of
9subsection (f) of Section 15 of this Act.
10    (b) Beginning on January 1, 2014 the The evaluation
11required by subsection (a) of this Section shall be by a sex
12offender evaluator or associate sex offender provider as
13defined in Section 10 of this Act an evaluator approved by the
14Sex Offender Management Board and shall be at the expense of
15the person evaluated, based upon that person's ability to pay
16for 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
20evaluation and identification required.
21    (a) Each felony sex offender sentenced by the court for a
22sex offense shall be required as a part of any sentence to
23probation, conditional release, or periodic imprisonment to
24undergo treatment based upon the recommendations of the
25evaluation made pursuant to Section 16 or based upon any

 

 

09700SB3638sam002- 46 -LRB097 20230 MRW 66770 a

1subsequent recommendations by the Administrative Office of the
2Illinois Courts or the county probation department, whichever
3is appropriate. Beginning on January 1, 2014 the Any such
4treatment and monitoring shall be at a facility or with a sex
5offender treatment provider or associate sex offender provider
6as defined in Section 10 of this Act person approved by the
7Board and at the such offender's own expense based upon the
8offender's ability to pay for such treatment.
9    (b) Beginning on January 1, 2004 the effective date of this
10amendatory Act of the 93rd General Assembly, each sex offender
11placed on parole or mandatory supervised release by the
12Prisoner Review Board shall be required as a condition of
13parole to undergo treatment based upon any evaluation or
14subsequent reevaluation regarding such offender during the
15offender's incarceration or any period of parole. Beginning on
16January 1, 2014 the Any such treatment shall be by a sex
17offender treatment provider or associate sex offender provider
18as defined in Section 10 of this Act an individual approved by
19the Board and at the offender's expense based upon the
20offender'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.
24The county probation department or the Department of Human
25Services shall not employ or contract with and shall not allow

 

 

09700SB3638sam002- 47 -LRB097 20230 MRW 66770 a

1a sex offender to employ or contract with any individual or
2entity to provide sex offender evaluation or treatment services
3pursuant to this Act unless the sex offender evaluation or
4treatment services provided are by a person licensed under the
5Sex Offender Evaluation and Treatment Provider Act an
6individual approved by the Board pursuant to item (2) of
7subsection (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
11unobligated and unexpended moneys remaining in the Sex Offender
12Management Board Fund on the effective date of this amendatory
13Act of the 97th General Assembly shall be transferred into the
14General Professions Dedicated Fund, a special fund in the State
15treasury, to be expended for use by the Department of Financial
16and Professional Regulation for the purpose of implementing the
17provisions of the Sex Offender Evaluation and Treatment
18Provider Act with the exception of $5,000 which shall remain in
19the Fund for use by the Board.
20    (a) Any and all practices endorsed or required under this
21Act, including but not limited to evaluation, treatment, or
22monitoring of programs that are or may be developed by the
23agency providing supervision or the Department of Corrections
24shall be at the expense of the person evaluated or treated,
25based upon the person's ability to pay. If it is determined by

 

 

09700SB3638sam002- 48 -LRB097 20230 MRW 66770 a

1the agency providing supervision or the Department of
2Corrections that the person does not have the ability to pay
3for practices endorsed or required by this Act, the agency
4providing supervision of the sex offender shall request
5reimbursement for services required under this Act for which
6the agency has provided funding. The agency providing
7supervision or the Department of Corrections shall develop
8factors to be considered and criteria to determine a person's
9ability to pay. The Sex Offender Management Board shall
10coordinate the expenditures of moneys from the Sex Offender
11Management Board Fund. The Board shall allocate moneys
12deposited in this Fund among the agency providing supervision
13or the Department of Corrections.
14    (b) (Blank). Up to 20% of this Fund shall be retained by
15the Sex Offender Management Board for administrative costs,
16including staff, incurred pursuant to this Act.
17    (c) Monies expended for this Fund shall be used to comply
18with the provisions of this Act supplement, not replace
19offenders' self-pay, or county appropriations for probation
20and court services.
21    (d) Interest earned on monies deposited in this Fund may be
22used by the Board for its administrative costs and expenses.
23    (e) In addition to the funds provided by the sex offender,
24counties, or Departments providing treatment, the Board shall
25explore funding sources including but not limited to State,
26federal, and private funds.

 

 

09700SB3638sam002- 49 -LRB097 20230 MRW 66770 a

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
4submit an annual report to the General Assembly regarding the
5training and educational programs developed and presented Upon
6completion of the duties prescribed in paragraphs (1) and (2)
7of subsection (f) of Section 15, the Board shall make a report
8to the General Assembly regarding the standardized procedures
9developed under this Act, the standardized programs developed
10under this Act, the plans for implementation developed under
11this Act, and the plans for research and analysis developed
12under this Act.
13(Source: P.A. 90-133, eff. 7-22-97.)
 
14    Section 180. The State Finance Act is amended by changing
15Section 6z-38 as follows:
 
16    (30 ILCS 105/6z-38)
17    Sec. 6z-38. General Professions Dedicated Fund. The
18General Professions Dedicated Fund is created in the State
19treasury. Moneys in the Fund shall be invested and earnings on
20the investments shall be retained in the Fund. Moneys in the
21Fund shall be appropriated to the Department of Professional
22Regulation for the ordinary and contingent expenses of the
23Department, except for moneys transferred under Section 19 of

 

 

09700SB3638sam002- 50 -LRB097 20230 MRW 66770 a

1the Sex Offender Management Board Act which shall be
2appropriated for the purpose of implementing the provisions of
3the Sex Offender Evaluation and Treatment Provider Act. Moneys
4in the Fund may be transferred to the Professions Indirect Cost
5Fund as authorized by Section 2105-300 of the Department of
6Professional 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
9by 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
12dangerous person then the court shall appoint the Director of
13Corrections guardian of the person found to be sexually
14dangerous and such person shall stand committed to the custody
15of such guardian. The Director of Corrections as guardian shall
16keep safely the person so committed until the person has
17recovered and is released as hereinafter provided. The Director
18of Corrections as guardian shall provide care and treatment for
19the person committed to him designed to effect recovery. Any
20treatment provided under this Section shall be in conformance
21with the standards promulgated by the Sex Offender Management
22Board Act and conducted by a treatment provider licensed under
23the Sex Offender Evaluation and Treatment Provider Act approved
24by the Board. The Director may place that ward in any facility

 

 

09700SB3638sam002- 51 -LRB097 20230 MRW 66770 a

1in the Department of Corrections or portion thereof set aside
2for the care and treatment of sexually dangerous persons. The
3Department of Corrections may also request another state
4Department or Agency to examine such person and upon such
5request, such Department or Agency shall make such examination
6and the Department of Corrections may, with the consent of the
7chief executive officer of such other Department or Agency,
8thereupon place such person in the care and treatment of such
9other 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
12amended 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
15Attorney.
16    (a) In this Act, "agency with jurisdiction" means the
17agency with the authority or duty to release or discharge the
18person.
19    (b) If an agency with jurisdiction has control or custody
20over a person who may meet the criteria for commitment as a
21sexually violent person, the agency with jurisdiction shall
22inform the Attorney General and the State's Attorney in a
23position to file a petition under paragraph (a)(2) of Section
2415 of this Act regarding the person as soon as possible

 

 

09700SB3638sam002- 52 -LRB097 20230 MRW 66770 a

1beginning 3 months prior to the applicable date of the
2following:
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
18General 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

 

 

09700SB3638sam002- 53 -LRB097 20230 MRW 66770 a

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
8is immune from criminal or civil liability for any acts or
9omissions as the result of a good faith effort to comply with
10this 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
15the subject of a petition under Section 15 of this Act is a
16sexually violent person, the court shall order the person to be
17committed to the custody of the Department for control, care
18and treatment until such time as the person is no longer a
19sexually 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

 

 

09700SB3638sam002- 54 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 55 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 56 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 57 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 58 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 59 -LRB097 20230 MRW 66770 a

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;

 

 

09700SB3638sam002- 60 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 61 -LRB097 20230 MRW 66770 a

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;

 

 

09700SB3638sam002- 62 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 63 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 64 -LRB097 20230 MRW 66770 a

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
13Act and has not been discharged under Section 65 of this Act,
14the Department shall submit a written report to the court on
15his or her mental condition within 6 months after an initial
16commitment under Section 40 and then at least once every 12
17months thereafter for the purpose of determining whether the
18person has made sufficient progress to be conditionally
19released or discharged. At the time of a reexamination under
20this Section, the person who has been committed may retain or,
21if he or she is indigent and so requests, the court may appoint
22a qualified expert or a professional person to examine him or
23her.
24    (b) Any examiner conducting an examination under this
25Section shall prepare a written report of the examination no

 

 

09700SB3638sam002- 65 -LRB097 20230 MRW 66770 a

1later than 30 days after the date of the examination. The
2examiner shall place a copy of the report in the person's
3health care records and shall provide a copy of the report to
4the court that committed the person under Section 40. The
5examination shall be conducted in conformance with the
6standards developed under the Sex Offender Management Board Act
7and by an evaluator licensed under the Sex Offender Evaluation
8and Treatment Provider Act approved by the Board.
9    (c) Notwithstanding subsection (a) of this Section, the
10court that committed a person under Section 40 may order a
11reexamination of the person at any time during the period in
12which the person is subject to the commitment order. Any
13examiner conducting an examination under this Section shall
14prepare a written report of the examination no later than 30
15days after the date of the examination.
16    (d) Petitions for discharge after reexamination must
17follow 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
22secure facility or other facility under Section 40 of this Act
23may petition the committing court to modify its order by
24authorizing conditional release if at least 6 months have
25elapsed since the initial commitment order was entered, an

 

 

09700SB3638sam002- 66 -LRB097 20230 MRW 66770 a

1order continuing commitment was entered pursuant to Section 65,
2the most recent release petition was denied or the most recent
3order for conditional release was revoked. The director of the
4facility at which the person is placed may file a petition
5under this Section on the person's behalf at any time. If the
6evaluator on behalf of the Department recommends that the
7committed person is appropriate for conditional release, then
8the director or designee shall, within 30 days of receipt of
9the evaluator's report, file with the committing court notice
10of his or her intention whether or not to petition for
11conditional release on the committed person's behalf.
12    (b) If the person files a timely petition without counsel,
13the court shall serve a copy of the petition on the Attorney
14General or State's Attorney, whichever is applicable and,
15subject to paragraph (c)(1) of Section 25 of this Act, appoint
16counsel. If the person petitions through counsel, his or her
17attorney shall serve the Attorney General or State's Attorney,
18whichever is applicable.
19    (c) Within 20 days after receipt of the petition, upon the
20request of the committed person or on the court's own motion,
21the court may appoint an examiner having the specialized
22knowledge determined by the court to be appropriate, who shall
23examine the mental condition of the person and furnish a
24written report of the examination to the court within 30 days
25after appointment. The examiners shall have reasonable access
26to the person for purposes of examination and to the person's

 

 

09700SB3638sam002- 67 -LRB097 20230 MRW 66770 a

1past and present treatment records and patient health care
2records. If any such examiner believes that the person is
3appropriate for conditional release, the examiner shall report
4on the type of treatment and services that the person may need
5while in the community on conditional release. The State has
6the right to have the person evaluated by experts chosen by the
7State. Any examination or evaluation conducted under this
8Section shall be in conformance with the standards developed
9under the Sex Offender Management Board Act and conducted by an
10evaluator licensed under the Sex Offender Evaluation and
11Treatment Provider Act approved by the Board. The court shall
12set a probable cause hearing as soon as practical after the
13examiners' reports are filed. The probable cause hearing shall
14consist of a review of the examining evaluators' reports and
15arguments on behalf of the parties. If the court determines at
16the probable cause hearing that cause exists to believe that it
17is not substantially probable that the person will engage in
18acts of sexual violence if on release or conditional release,
19the court shall set a hearing on the issue.
20    (d) The court, without a jury, shall hear the petition as
21soon as practical after the reports of all examiners are filed
22with the court. The court shall grant the petition unless the
23State proves by clear and convincing evidence that the person
24has not made sufficient progress to be conditionally released.
25In making a decision under this subsection, the court must
26consider the nature and circumstances of the behavior that was

 

 

09700SB3638sam002- 68 -LRB097 20230 MRW 66770 a

1the basis of the allegation in the petition under paragraph
2(b)(1) of Section 15 of this Act, the person's mental history
3and present mental condition, and what arrangements are
4available to ensure that the person has access to and will
5participate in necessary treatment.
6    (e) Before the court may enter an order directing
7conditional release to a less restrictive alternative it must
8find the following: (1) the person will be treated by a
9Department approved treatment provider, (2) the treatment
10provider has presented a specific course of treatment and has
11agreed to assume responsibility for the treatment and will
12report progress to the Department on a regular basis, and will
13report violations immediately to the Department, consistent
14with treatment and supervision needs of the respondent, (3)
15housing exists that is sufficiently secure to protect the
16community, and the person or agency providing housing to the
17conditionally released person has agreed in writing to accept
18the person, to provide the level of security required by the
19court, and immediately to report to the Department if the
20person leaves the housing to which he or she has been assigned
21without authorization, (4) the person is willing to or has
22agreed to comply with the treatment provider, the Department,
23and the court, and (5) the person has agreed or is willing to
24agree to comply with the behavioral monitoring requirements
25imposed by the court and the Department.
26    (f) If the court finds that the person is appropriate for

 

 

09700SB3638sam002- 69 -LRB097 20230 MRW 66770 a

1conditional release, the court shall notify the Department. The
2Department shall prepare a plan that identifies the treatment
3and services, if any, that the person will receive in the
4community. The plan shall address the person's need, if any,
5for supervision, counseling, medication, community support
6services, residential services, vocational services, and
7alcohol or other drug abuse treatment. The Department may
8contract with a county health department, with another public
9agency or with a private agency to provide the treatment and
10services identified in the plan. The plan shall specify who
11will be responsible for providing the treatment and services
12identified in the plan. The plan shall be presented to the
13court for its approval within 60 days after the court finding
14that the person is appropriate for conditional release, unless
15the Department and the person to be released request additional
16time to develop the plan.
17    (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
18of Section 40 of this Act apply to an order for conditional
19release 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
24person committed under this Act is no longer a sexually violent
25person, the Secretary shall authorize the person to petition

 

 

09700SB3638sam002- 70 -LRB097 20230 MRW 66770 a

1the committing court for discharge. If the evaluator on behalf
2of the Department recommends that the committed person is no
3longer a sexually violent person, then the Secretary or
4designee shall, within 30 days of receipt of the evaluator's
5report, file with the committing court notice of his or her
6determination whether or not to authorize the committed person
7to petition the committing court for discharge. The person
8shall file the petition with the court and serve a copy upon
9the Attorney General or the State's Attorney's office that
10filed the petition under subsection (a) of Section 15 of this
11Act, whichever is applicable. The court, upon receipt of the
12petition for discharge, shall order a hearing to be held as
13soon as practical after the date of receipt of the petition.
14    (2) At a hearing under this subsection, the Attorney
15General or State's Attorney, whichever filed the original
16petition, shall represent the State and shall have the right to
17have the petitioner examined by an expert or professional
18person of his or her choice. The examination shall be conducted
19in conformance with the standards developed under the Sex
20Offender Management Board Act and by an evaluator licensed
21under the Sex Offender Evaluation and Treatment Provider Act
22approved by the Board. The committed person or the State may
23elect to have the hearing before a jury. The State has the
24burden of proving by clear and convincing evidence that the
25petitioner is still a sexually violent person.
26    (3) If the court or jury is satisfied that the State has

 

 

09700SB3638sam002- 71 -LRB097 20230 MRW 66770 a

1not met its burden of proof under paragraph (a)(2) of this
2Section, the petitioner shall be discharged from the custody or
3supervision of the Department. If the court is satisfied that
4the State has met its burden of proof under paragraph (a)(2),
5the court may proceed under Section 40 of this Act to determine
6whether to modify the petitioner's existing commitment order.
7    (b)(1) A person may petition the committing court for
8discharge from custody or supervision without the Secretary's
9approval. At the time of an examination under subsection (a) of
10Section 55 of this Act, the Secretary shall provide the
11committed person with a written notice of the person's right to
12petition the court for discharge over the Secretary's
13objection. The notice shall contain a waiver of rights. The
14Secretary shall forward the notice and waiver form to the court
15with the report of the Department's examination under Section
1655 of this Act. If the person does not affirmatively waive the
17right to petition, the court shall set a probable cause hearing
18to determine whether facts exist that warrant a hearing on
19whether the person is still a sexually violent person. If a
20person does not file a petition for discharge, yet fails to
21waive the right to petition under this Section, then the
22probable cause hearing consists only of a review of the
23reexamination reports and arguments on behalf of the parties.
24The committed person has a right to have an attorney represent
25him or her at the probable cause hearing, but the person is not
26entitled to be present at the probable cause hearing. The

 

 

09700SB3638sam002- 72 -LRB097 20230 MRW 66770 a

1probable cause hearing under this Section must be held as soon
2as practical after the filing of the reexamination report under
3Section 55 of this Act.
4    (2) If the court determines at the probable cause hearing
5under paragraph (b)(1) of this Section that probable cause
6exists to believe that the committed person is no longer a
7sexually violent person, then the court shall set a hearing on
8the issue. At a hearing under this Section, the committed
9person is entitled to be present and to the benefit of the
10protections afforded to the person under Section 25 of this
11Act. The committed person or the State may elect to have a
12hearing under this Section before a jury. A verdict of a jury
13under this Section is not valid unless it is unanimous. The
14Attorney General or State's Attorney, whichever filed the
15original petition, shall represent the State at a hearing under
16this Section. The State has the right to have the committed
17person evaluated by experts chosen by the State. The
18examination shall be conducted in conformance with the
19standards developed under the Sex Offender Management Board Act
20and by an evaluator licensed under the Sex Offender Evaluation
21and Treatment Provider Act approved by the Board. At the
22hearing, the State has the burden of proving by clear and
23convincing evidence that the committed person is still a
24sexually violent person.
25    (3) If the court or jury is satisfied that the State has
26not met its burden of proof under paragraph (b)(2) of this

 

 

09700SB3638sam002- 73 -LRB097 20230 MRW 66770 a

1Section, the person shall be discharged from the custody or
2supervision of the Department. If the court or jury is
3satisfied that the State has met its burden of proof under
4paragraph (b)(2) of this Section, the court may proceed under
5Section 40 of this Act to determine whether to modify the
6person's existing commitment order.
7(Source: P.A. 96-1128, eff. 1-1-11.)
 
8    Section 195. The Sex Offender Registration Act is amended
9by 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
13person 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

 

 

09700SB3638sam002- 74 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 75 -LRB097 20230 MRW 66770 a

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
21act, or result from offenses committed at the same time, shall
22be counted for the purpose of this Article as one conviction.
23Any conviction set aside pursuant to law is not a conviction
24for purposes of this Article.
25     For purposes of this Section, "convicted" shall have the
26same meaning as "adjudicated".

 

 

09700SB3638sam002- 76 -LRB097 20230 MRW 66770 a

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),

 

 

09700SB3638sam002- 77 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 78 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 79 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 80 -LRB097 20230 MRW 66770 a

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
15Code of Military Justice, or the law of another state or a
16foreign country that is substantially equivalent to any offense
17listed in subsections (B), (C), (E), and (E-5) of this Section
18shall constitute a conviction for the purpose of this Article.
19A finding or adjudication as a sexually dangerous person or a
20sexually violent person under any federal law, Uniform Code of
21Military Justice, or the law of another state or foreign
22country that is substantially equivalent to the Sexually
23Dangerous Persons Act or the Sexually Violent Persons
24Commitment Act shall constitute an adjudication for the
25purposes of this Article.
26    (C-5) A person at least 17 years of age at the time of the

 

 

09700SB3638sam002- 81 -LRB097 20230 MRW 66770 a

1commission of the offense who is convicted of first degree
2murder under Section 9-1 of the Criminal Code of 1961, against
3a person under 18 years of age, shall be required to register
4for natural life. A conviction for an offense of federal,
5Uniform Code of Military Justice, sister state, or foreign
6country law that is substantially equivalent to any offense
7listed in subsection (C-5) of this Section shall constitute a
8conviction for the purpose of this Article. This subsection
9(C-5) applies to a person who committed the offense before June
101, 1996 if: (i) the person is incarcerated in an Illinois
11Department of Corrections facility on August 20, 2004 (the
12effective date of Public Act 93-977), or (ii) subparagraph (i)
13does not apply and the person is convicted of any felony after
14July 1, 2011, and paragraph (2.1) of subsection (c) of Section
153 of this Act applies.
16    (C-6) A person who is convicted or adjudicated delinquent
17of first degree murder as defined in Section 9-1 of the
18Criminal Code of 1961, against a person 18 years of age or
19over, shall be required to register for his or her natural
20life. A conviction for an offense of federal, Uniform Code of
21Military Justice, sister state, or foreign country law that is
22substantially equivalent to any offense listed in subsection
23(C-6) of this Section shall constitute a conviction for the
24purpose of this Article. This subsection (C-6) does not apply
25to those individuals released from incarceration more than 10
26years prior to January 1, 2012 (the effective date of Public

 

 

09700SB3638sam002- 82 -LRB097 20230 MRW 66770 a

1Act 97-154) this amendatory Act of the 97th General Assembly.
2    (D) As used in this Article, "law enforcement agency having
3jurisdiction" means the Chief of Police in each of the
4municipalities in which the sex offender expects to reside,
5work, or attend school (1) upon his or her discharge, parole or
6release or (2) during the service of his or her sentence of
7probation or conditional discharge, or the Sheriff of the
8county, in the event no Police Chief exists or if the offender
9intends to reside, work, or attend school in an unincorporated
10area. "Law enforcement agency having jurisdiction" includes
11the location where out-of-state students attend school and
12where out-of-state employees are employed or are otherwise
13required to register.
14    (D-1) As used in this Article, "supervising officer" means
15the assigned Illinois Department of Corrections parole agent or
16county probation officer.
17    (E) As used in this Article, "sexual predator" means any
18person 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

 

 

09700SB3638sam002- 83 -LRB097 20230 MRW 66770 a

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;

 

 

09700SB3638sam002- 84 -LRB097 20230 MRW 66770 a

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
17a person convicted of a violation or attempted violation of any
18of 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);

 

 

09700SB3638sam002- 85 -LRB097 20230 MRW 66770 a

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
18means a person required to register in another State due to a
19conviction, adjudication or other action of any court
20triggering an obligation to register as a sex offender, sexual
21predator, or substantially similar status under the laws of
22that State.
23    (F) As used in this Article, "out-of-state student" means
24any sex offender, as defined in this Section, or sexual
25predator who is enrolled in Illinois, on a full-time or
26part-time basis, in any public or private educational

 

 

09700SB3638sam002- 86 -LRB097 20230 MRW 66770 a

1institution, including, but not limited to, any secondary
2school, trade or professional institution, or institution of
3higher learning.
4    (G) As used in this Article, "out-of-state employee" means
5any sex offender, as defined in this Section, or sexual
6predator who works in Illinois, regardless of whether the
7individual receives payment for services performed, for a
8period of time of 10 or more days or for an aggregate period of
9time of 30 or more days during any calendar year. Persons who
10operate motor vehicles in the State accrue one day of
11employment time for any portion of a day spent in Illinois.
12    (H) As used in this Article, "school" means any public or
13private educational institution, including, but not limited
14to, any elementary or secondary school, trade or professional
15institution, or institution of higher education.
16    (I) As used in this Article, "fixed residence" means any
17and all places that a sex offender resides for an aggregate
18period of time of 5 or more days in a calendar year.
19    (J) As used in this Article, "Internet protocol address"
20means the string of numbers by which a location on the Internet
21is identified by routers or other computers connected to the
22Internet.
23(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
2496-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
25revised 9-27-11.)
 

 

 

09700SB3638sam002- 87 -LRB097 20230 MRW 66770 a

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
4sexual predator shall, within the time period prescribed in
5subsections (b) and (c), register in person and provide
6accurate information as required by the Department of State
7Police. Such information shall include a current photograph,
8current address, current place of employment, the sex
9offender's or sexual predator's telephone number, including
10cellular telephone number, the employer's telephone number,
11school attended, all e-mail addresses, instant messaging
12identities, chat room identities, and other Internet
13communications identities that the sex offender uses or plans
14to use, all Uniform Resource Locators (URLs) registered or used
15by the sex offender, all blogs and other Internet sites
16maintained by the sex offender or to which the sex offender has
17uploaded any content or posted any messages or information,
18extensions of the time period for registering as provided in
19this Article and, if an extension was granted, the reason why
20the extension was granted and the date the sex offender was
21notified of the extension. The information shall also include a
22copy of the terms and conditions of parole or release signed by
23the sex offender and given to the sex offender by his or her
24supervising officer, the county of conviction, license plate
25numbers for every vehicle registered in the name of the sex
26offender, the age of the sex offender at the time of the

 

 

09700SB3638sam002- 88 -LRB097 20230 MRW 66770 a

1commission of the offense, the age of the victim at the time of
2the commission of the offense, and any distinguishing marks
3located on the body of the sex offender. A sex offender
4convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
511-21 of the Criminal Code of 1961 shall provide all Internet
6protocol (IP) addresses in his or her residence, registered in
7his or her name, accessible at his or her place of employment,
8or otherwise under his or her control or custody. If the sex
9offender is a child sex offender as defined in Section 11-9.3
10or 11-9.4 of the Criminal Code of 1961, the sex offender shall
11report to the registering agency whether he or she is living in
12a household with a child under 18 years of age who is not his or
13her own child, provided that his or her own child is not the
14victim of the sex offense. The sex offender or sexual predator
15shall 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
26attends an institution of higher education, he or she shall

 

 

09700SB3638sam002- 89 -LRB097 20230 MRW 66770 a

1also 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
17or county of primary registration, and not to campus
18registration.
19    For purposes of this Article, the place of residence or
20temporary domicile is defined as any and all places where the
21sex offender resides for an aggregate period of time of 3 or
22more days during any calendar year. Any person required to
23register under this Article who lacks a fixed address or
24temporary domicile must notify, in person, the agency of
25jurisdiction of his or her last known address within 3 days
26after ceasing to have a fixed residence.

 

 

09700SB3638sam002- 90 -LRB097 20230 MRW 66770 a

1    A sex offender or sexual predator who is temporarily absent
2from his or her current address of registration for 3 or more
3days shall notify the law enforcement agency having
4jurisdiction of his or her current registration, including the
5itinerary for travel, in the manner provided in Section 6 of
6this Act for notification to the law enforcement agency having
7jurisdiction of change of address.
8    Any person who lacks a fixed residence must report weekly,
9in person, with the sheriff's office of the county in which he
10or she is located in an unincorporated area, or with the chief
11of police in the municipality in which he or she is located.
12The agency of jurisdiction will document each weekly
13registration to include all the locations where the person has
14stayed during the past 7 days.
15    The sex offender or sexual predator shall provide accurate
16information as required by the Department of State Police. That
17information shall include the sex offender's or sexual
18predator's current place of employment.
19    (a-5) An out-of-state student or out-of-state employee
20shall, within 3 days after beginning school or employment in
21this State, register in person and provide accurate information
22as required by the Department of State Police. Such information
23will include current place of employment, school attended, and
24address in state of residence. A sex offender convicted under
25Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
26Criminal Code of 1961 shall provide all Internet protocol (IP)

 

 

09700SB3638sam002- 91 -LRB097 20230 MRW 66770 a

1addresses in his or her residence, registered in his or her
2name, accessible at his or her place of employment, or
3otherwise under his or her control or custody. The out-of-state
4student 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
25or county of primary registration, and not to campus
26registration.

 

 

09700SB3638sam002- 92 -LRB097 20230 MRW 66770 a

1    The out-of-state student or out-of-state employee shall
2provide accurate information as required by the Department of
3State Police. That information shall include the out-of-state
4student's current place of school attendance or the
5out-of-state employee's current place of employment.
6    (a-10) Any law enforcement agency registering sex
7offenders or sexual predators in accordance with subsections
8(a) or (a-5) of this Section shall forward to the Attorney
9General a copy of sex offender registration forms from persons
10convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1111-21 of the Criminal Code of 1961, including periodic and
12annual registrations under Section 6 of this Act.
13    (b) Any sex offender, as defined in Section 2 of this Act,
14or sexual predator, regardless of any initial, prior, or other
15registration, shall, within 3 days of beginning school, or
16establishing a residence, place of employment, or temporary
17domicile in any county, register in person as set forth in
18subsection (a) or (a-5).
19    (c) The registration for any person required to register
20under 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.

 

 

09700SB3638sam002- 93 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 94 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 95 -LRB097 20230 MRW 66770 a

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

 

 

09700SB3638sam002- 96 -LRB097 20230 MRW 66770 a

1    prosecution and investigation of sex offenses.
2    (d) Within 3 days after obtaining or changing employment
3and, if employed on January 1, 2000, within 5 days after that
4date, a person required to register under this Section must
5report, in person to the law enforcement agency having
6jurisdiction, the business name and address where he or she is
7employed. If the person has multiple businesses or work
8locations, every business and work location must be reported to
9the law enforcement agency having jurisdiction.
10(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
1196-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
121-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
138-12-11; 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
16delinquents.
17    (a) In all cases involving an adjudicated juvenile
18delinquent who meets the definition of sex offender as set
19forth in paragraph (5) of subsection (A) of Section 2 of this
20Act, the court shall order the minor to register as a sex
21offender.
22    (b) Once an adjudicated juvenile delinquent is ordered to
23register as a sex offender, the adjudicated juvenile delinquent
24shall be subject to the registration requirements set forth in
25Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her

 

 

09700SB3638sam002- 97 -LRB097 20230 MRW 66770 a

1registration.
2    (c) For a minor adjudicated delinquent for an offense
3which, if charged as an adult, would be a felony, no less than
45 years after registration ordered pursuant to subsection (a)
5of this Section, the minor may petition for the termination of
6the term of registration. For a minor adjudicated delinquent
7for an offense which, if charged as an adult, would be a
8misdemeanor, no less than 2 years after registration ordered
9pursuant to subsection (a) of this Section, the minor may
10petition for termination of the term of registration.
11    (d) The court may upon a hearing on the petition for
12termination of registration, terminate registration if the
13court finds that the registrant poses no risk to the community
14by a preponderance of the evidence based upon the factors set
15forth in subsection (e).
16    Notwithstanding any other provisions of this Act to the
17contrary, no registrant whose registration has been terminated
18under this Section shall be required to register under the
19provisions of this Act for the offense or offenses which were
20the subject of the successful petition for termination of
21registration. This exemption shall apply only to those offenses
22which were the subject of the successful petition for
23termination of registration, and shall not apply to any other
24or subsequent offenses requiring registration under this Act.
25    (e) To determine whether a registrant poses a risk to the
26community as required by subsection (d), the court shall

 

 

09700SB3638sam002- 98 -LRB097 20230 MRW 66770 a

1consider 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
6    juvenile delinquent;
7        (3) evidence of the adjudicated juvenile delinquent's
8    rehabilitation;
9        (4) the age of the adjudicated juvenile delinquent at
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
17registrant shall be represented by counsel and may present a
18risk assessment conducted by an evaluator who is licensed under
19the Sex Offender Evaluation and Treatment Provider Act a
20licensed psychiatrist, psychologist, or other mental health
21professional, and who has demonstrated clinical experience in
22juvenile sex offender treatment.
23    (g) After a registrant completes the term of his or her
24registration, his or her name, address, and all other
25identifying information shall be removed from all State and
26local registries.

 

 

09700SB3638sam002- 99 -LRB097 20230 MRW 66770 a

1    (h) This Section applies retroactively to cases in which
2adjudicated juvenile delinquents who registered or were
3required to register before the effective date of this
4amendatory Act of the 95th General Assembly. On or after the
5effective date of this amendatory Act of the 95th General
6Assembly, a person adjudicated delinquent before the effective
7date of this amendatory Act of the 95th General Assembly may
8request a hearing regarding status of registration by filing a
9Petition Requesting Registration Status with the clerk of the
10court. Upon receipt of the Petition Requesting Registration
11Status, the clerk of the court shall provide notice to the
12parties and set the Petition for hearing pursuant to
13subsections (c) through (e) of this Section.
14    (i) This Section does not apply to minors prosecuted under
15the 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,
182013, except that this Section, Section 175, Section 180, and
19the amendatory changes to Sections 2 and 3 of the Sex Offender
20Registration Act take effect on January 1, 2013, the other
21amendatory changes to Section 3-5 of the Sex Offender
22Registration Act, the amendatory changes to the Sexually
23Dangerous Persons Act, and the amendatory changes to the
24Sexually Violent Persons Commitment Act take effect January 1,
252014.".