SB1600 EnrolledLRB098 02594 MGM 32599 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Evaluation and Treatment
5Provider Act is amended by changing Sections 35 and 999 as
6follows:
 
7    (225 ILCS 109/35)
8    Sec. 35. Qualifications for licensure.
9    (a)(1) A person is qualified for licensure as a sex
10offender evaluator if that person:
11        (A) has applied in writing on forms prepared and
12    furnished by the Department;
13        (B) has not engaged or is not engaged in any practice
14    or conduct that would be grounds for disciplining a
15    licensee under Section 75 of this Act; and
16        (C) satisfies the licensure and experience
17    requirements of paragraph (2) of this subsection (a).
18    (2) A person who applies to the Department shall be issued
19a sex offender evaluator license by the Department if the
20person meets the qualifications set forth in paragraph (1) of
21this subsection (a) and provides evidence to the Department
22that the person:
23        (A) is a physician licensed to practice medicine in all

 

 

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1    of its branches under the Medical Practice Act of 1987 or
2    licensed under the laws of another state; an advanced
3    practice nurse with psychiatric specialty licensed under
4    the Nurse Practice Act or licensed under the laws of
5    another state; a clinical psychologist licensed under the
6    Clinical Psychologist Licensing Act or licensed under the
7    laws of another state; a licensed clinical social worker
8    licensed under the Clinical Social Work and Social Work
9    Practice Act or licensed under the laws of another state; a
10    licensed clinical professional counselor licensed under
11    the Professional Counselor and Clinical Professional
12    Counselor Licensing Act or licensed under the laws of
13    another state; or a licensed marriage and family therapist
14    licensed under the Marriage and Family Therapist Licensing
15    Act or licensed under the laws of another state;
16        (B) has 400 hours of supervised experience in the
17    treatment or evaluation of sex offenders in the last 4
18    years, at least 200 of which are face-to-face therapy or
19    evaluation with sex offenders;
20        (C) has completed at least 10 sex offender evaluations
21    under supervision in the past 4 years; and
22        (D) has at least 40 hours of documented training in the
23    specialty of sex offender evaluation, treatment, or
24    management.
25    Until January 1, 2015, the requirements of subparagraphs
26(B) and (D) of paragraph (2) of this subsection (a) are

 

 

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1satisfied if the applicant has been listed on the Sex Offender
2Management Board's Approved Provider List for a minimum of 2
3years before application for licensure. Until January 1, 2015,
4the requirements of subparagraph (C) of paragraph (2) of this
5subsection (a) are satisfied if the applicant has completed at
6least 10 sex offender evaluations within the 4 years before
7application for licensure.
8    (b)(1) A person is qualified for licensure as a sex
9offender treatment provider if that person:
10        (A) has applied in writing on forms prepared and
11    furnished by the Department;
12        (B) has not engaged or is not engaged in any practice
13    or conduct that would be grounds for disciplining a
14    licensee under Section 75 of this Act; and
15        (C) satisfies the licensure and experience
16    requirements of paragraph (2) of this subsection (b).
17    (2) A person who applies to the Department shall be issued
18a sex offender treatment provider license by the Department if
19the person meets the qualifications set forth in paragraph (1)
20of this subsection (b) and provides evidence to the Department
21that the person:
22        (A) is a physician licensed to practice medicine in all
23    of its branches under the Medical Practice Act of 1987 or
24    licensed under the laws of another state; an advanced
25    practice nurse with psychiatric specialty licensed under
26    the Nurse Practice Act or licensed under the laws of

 

 

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1    another state; a clinical psychologist licensed under the
2    Clinical Psychologist Licensing Act or licensed under the
3    laws of another state; a licensed clinical social worker
4    licensed under the Clinical Social Work and Social Work
5    Practice Act or licensed under the laws of another state; a
6    licensed clinical professional counselor licensed under
7    the Professional Counselor and Clinical Professional
8    Counselor Licensing Act or licensed under the laws of
9    another state; or a licensed marriage and family therapist
10    licensed under the Marriage and Family Therapist Licensing
11    Act or licensed under the laws of another state;
12        (B) has 400 hours of supervised experience in the
13    treatment of sex offenders in the last 4 years, at least
14    200 of which are face-to-face therapy with sex offenders;
15    and
16        (C) has at least 40 hours documented training in the
17    specialty of sex offender evaluation, treatment, or
18    management.
19    Until January 1, 2015, the requirements of subparagraphs
20(B) and (C) of paragraph (2) of this subsection (b) are
21satisfied if the applicant has been listed on the Sex Offender
22Management Board's Approved Provider List for a minimum of 2
23years before application.
24    (c)(1) A person is qualified for licensure as an associate
25sex offender provider if that person:
26        (A) has applied in writing on forms prepared and

 

 

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1    furnished by the Department;
2        (B) has not engaged or is not engaged in any practice
3    or conduct that would be grounds for disciplining a
4    licensee under Section 75 of this Act; and
5        (C) satisfies the education and experience
6    requirements of paragraph (2) of this subsection (c).
7    (2) A person who applies to the Department shall be issued
8an associate sex offender provider license by the Department if
9the person meets the qualifications set forth in paragraph (1)
10of this subsection (c) and provides evidence to the Department
11that the person holds a master's degree or higher in social
12work, psychology, marriage and family therapy, counseling or
13closely related behavioral science degree, or psychiatry.
14(Source: P.A. 97-1098, eff. 7-1-13.)
 
15    (225 ILCS 109/999)
16    Sec. 999. Effective date. This Act takes effect July 1,
172013, except that this Section, Section 175, Section 180, and
18the amendatory changes to Sections 2 and 3 of the Sex Offender
19Registration Act take effect on January 1, 2013, the other
20amendatory changes to Section 3-5 of the Sex Offender
21Registration Act, the amendatory changes to the Sexually
22Dangerous Persons Act, and the amendatory changes to the
23Sexually Violent Persons Commitment Act take effect July
24January 1, 2014.
25(Source: P.A. 97-1098, eff. 1-1-13.)
 

 

 

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1    Section 10. The Sex Offender Registration Act is amended by
2changing Section 3 as follows:
 
3    (730 ILCS 150/3)
4    Sec. 3. Duty to register.
5    (a) A sex offender, as defined in Section 2 of this Act, or
6sexual predator shall, within the time period prescribed in
7subsections (b) and (c), register in person and provide
8accurate information as required by the Department of State
9Police. Such information shall include a current photograph,
10current address, current place of employment, the sex
11offender's or sexual predator's telephone number, including
12cellular telephone number, the employer's telephone number,
13school attended, all e-mail addresses, instant messaging
14identities, chat room identities, and other Internet
15communications identities that the sex offender uses or plans
16to use, all Uniform Resource Locators (URLs) registered or used
17by the sex offender, all blogs and other Internet sites
18maintained by the sex offender or to which the sex offender has
19uploaded any content or posted any messages or information,
20extensions of the time period for registering as provided in
21this Article and, if an extension was granted, the reason why
22the extension was granted and the date the sex offender was
23notified of the extension. The information shall also include a
24copy of the terms and conditions of parole or release signed by

 

 

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1the sex offender and given to the sex offender by his or her
2supervising officer or aftercare specialist, the county of
3conviction, license plate numbers for every vehicle registered
4in the name of the sex offender, the age of the sex offender at
5the time of the commission of the offense, the age of the
6victim at the time of the commission of the offense, and any
7distinguishing marks located on the body of the sex offender. A
8sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
911-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
10Code of 2012 shall provide all Internet protocol (IP) addresses
11in his or her residence, registered in his or her name,
12accessible at his or her place of employment, or otherwise
13under his or her control or custody. If the sex offender is a
14child sex offender as defined in Section 11-9.3 or 11-9.4 of
15the Criminal Code of 1961 or the Criminal Code of 2012, the sex
16offender shall report to the registering agency whether he or
17she is living in a household with a child under 18 years of age
18who is not his or her own child, provided that his or her own
19child is not the victim of the sex offense. The sex offender or
20sexual predator shall register:
21        (1) with the chief of police in the municipality in
22    which he or she resides or is temporarily domiciled for a
23    period of time of 3 or more days, unless the municipality
24    is the City of Chicago, in which case he or she shall
25    register at the Chicago Police Department Headquarters; or
26        (2) with the sheriff in the county in which he or she

 

 

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1    resides or is temporarily domiciled for a period of time of
2    3 or more days in an unincorporated area or, if
3    incorporated, no police chief exists.
4    If the sex offender or sexual predator is employed at or
5attends an institution of higher education, he or she shall
6also register:
7        (i) with:
8            (A) the chief of police in the municipality in
9        which he or she is employed at or attends an
10        institution of higher education, unless the
11        municipality is the City of Chicago, in which case he
12        or she shall register at the Chicago Police Department
13        Headquarters; or
14            (B) the sheriff in the county in which he or she is
15        employed or attends an institution of higher education
16        located in an unincorporated area, or if incorporated,
17        no police chief exists; and
18        (ii) with the public safety or security director of the
19    institution of higher education which he or she is employed
20    at or attends.
21    The registration fees shall only apply to the municipality
22or county of primary registration, and not to campus
23registration.
24    For purposes of this Article, the place of residence or
25temporary domicile is defined as any and all places where the
26sex offender resides for an aggregate period of time of 3 or

 

 

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

 

 

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1as required by the Department of State Police. Such information
2will include current place of employment, school attended, and
3address in state of residence. A sex offender convicted under
4Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
5Criminal Code of 1961 or the Criminal Code of 2012 shall
6provide all Internet protocol (IP) addresses in his or her
7residence, registered in his or her name, accessible at his or
8her place of employment, or otherwise under his or her control
9or custody. The out-of-state student or out-of-state employee
10shall register:
11        (1) with:
12            (A) the chief of police in the municipality in
13        which he or she attends school or is employed for a
14        period of time of 5 or more days or for an aggregate
15        period of time of more than 30 days during any calendar
16        year, unless the municipality is the City of Chicago,
17        in which case he or she shall register at the Chicago
18        Police Department Headquarters; or
19            (B) the sheriff in the county in which he or she
20        attends school or is employed for a period of time of 5
21        or more days or for an aggregate period of time of more
22        than 30 days during any calendar year in an
23        unincorporated area or, if incorporated, no police
24        chief exists; and
25        (2) with the public safety or security director of the
26    institution of higher education he or she is employed at or

 

 

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1    attends for a period of time of 5 or more days or for an
2    aggregate period of time of more than 30 days during a
3    calendar year.
4    The registration fees shall only apply to the municipality
5or county of primary registration, and not to campus
6registration.
7    The out-of-state student or out-of-state employee shall
8provide accurate information as required by the Department of
9State Police. That information shall include the out-of-state
10student's current place of school attendance or the
11out-of-state employee's current place of employment.
12    (a-10) Any law enforcement agency registering sex
13offenders or sexual predators in accordance with subsections
14(a) or (a-5) of this Section shall forward to the Attorney
15General a copy of sex offender registration forms from persons
16convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1711-21 of the Criminal Code of 1961 or the Criminal Code of
182012, including periodic and annual registrations under
19Section 6 of this Act.
20    (b) Any sex offender, as defined in Section 2 of this Act,
21or sexual predator, regardless of any initial, prior, or other
22registration, shall, within 3 days of beginning school, or
23establishing a residence, place of employment, or temporary
24domicile in any county, register in person as set forth in
25subsection (a) or (a-5).
26    (c) The registration for any person required to register

 

 

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1under this Article shall be as follows:
2        (1) Any person registered under the Habitual Child Sex
3    Offender Registration Act or the Child Sex Offender
4    Registration Act prior to January 1, 1996, shall be deemed
5    initially registered as of January 1, 1996; however, this
6    shall not be construed to extend the duration of
7    registration set forth in Section 7.
8        (2) Except as provided in subsection (c)(2.1) or
9    (c)(4), any person convicted or adjudicated prior to
10    January 1, 1996, whose liability for registration under
11    Section 7 has not expired, shall register in person prior
12    to January 31, 1996.
13        (2.1) A sex offender or sexual predator, who has never
14    previously been required to register under this Act, has a
15    duty to register if the person has been convicted of any
16    felony offense after July 1, 2011. A person who previously
17    was required to register under this Act for a period of 10
18    years and successfully completed that registration period
19    has a duty to register if: (i) the person has been
20    convicted of any felony offense after July 1, 2011, and
21    (ii) the offense for which the 10 year registration was
22    served currently requires a registration period of more
23    than 10 years. Notification of an offender's duty to
24    register under this subsection shall be pursuant to Section
25    5-7 of this Act.
26        (2.5) Except as provided in subsection (c)(4), any

 

 

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1    person who has not been notified of his or her
2    responsibility to register shall be notified by a criminal
3    justice entity of his or her responsibility to register.
4    Upon notification the person must then register within 3
5    days of notification of his or her requirement to register.
6    Except as provided in subsection (c)(2.1), if notification
7    is not made within the offender's 10 year registration
8    requirement, and the Department of State Police determines
9    no evidence exists or indicates the offender attempted to
10    avoid registration, the offender will no longer be required
11    to register under this Act.
12        (3) Except as provided in subsection (c)(4), any person
13    convicted on or after January 1, 1996, shall register in
14    person within 3 days after the entry of the sentencing
15    order based upon his or her conviction.
16        (4) Any person unable to comply with the registration
17    requirements of this Article because he or she is confined,
18    institutionalized, or imprisoned in Illinois on or after
19    January 1, 1996, shall register in person within 3 days of
20    discharge, parole or release.
21        (5) The person shall provide positive identification
22    and documentation that substantiates proof of residence at
23    the registering address.
24        (6) The person shall pay a $100 initial registration
25    fee and a $100 annual renewal fee to the registering law
26    enforcement agency having jurisdiction. The fees shall be

 

 

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1    used by the registering agency for official purposes. The
2    agency shall establish procedures to document receipt and
3    use of the funds. The registering agency law enforcement
4    agency having jurisdiction may waive the registration fee
5    if it determines that the person is indigent and unable to
6    pay the registration fee. Thirty-five dollars for the
7    initial registration fee and $35 of the annual renewal fee
8    shall be retained and used by the registering agency for
9    official purposes. Having retained $35 of the initial
10    registration fee and $35 of the annual renewal fee, the
11    registering agency shall remit the remainder of the fee to
12    State agencies within 30 days of receipt for deposit into
13    the State funds as follows:
14            (A) Five dollars of the initial registration fee
15        and $5 of the annual fee shall be remitted to the State
16        Treasurer who shall deposit the moneys deposited into
17        the Sex Offender Management Board Fund under Section 19
18        of the Sex Offender Management Board Act. Money
19        deposited into the Sex Offender Management Board Fund
20        shall be administered by the Sex Offender Management
21        Board and shall be used by the Board to comply with the
22        provisions of the Sex Offender Management Board Act.
23            (B) Thirty dollars of the initial registration fee
24        and $30 of the annual renewal fee shall be remitted to
25        the Department of State Police which shall deposit the
26        moneys deposited into the Sex Offender Registration

 

 

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1        Fund and shall be used by the Department of State
2        Police to maintain and update the Illinois State Police
3        Sex Offender Registry.
4            (C) Thirty dollars of the initial registration fee
5        and $30 of the annual renewal fee shall be remitted to
6        the Attorney General who shall deposit the moneys
7        deposited into the Attorney General Sex Offender
8        Awareness, Training, and Education Fund. Moneys
9        deposited into the Fund shall be used by the Attorney
10        General to administer the I-SORT program and to alert
11        and educate the public, victims, and witnesses of their
12        rights under various victim notification laws and for
13        training law enforcement agencies, State's Attorneys,
14        and medical providers of their legal duties concerning
15        the prosecution and investigation of sex offenses.
16        The registering agency shall establish procedures to
17    document the receipt and remittance of the $100 initial
18    registration fee and $100 annual renewal fee.
19    (d) Within 3 days after obtaining or changing employment
20and, if employed on January 1, 2000, within 5 days after that
21date, a person required to register under this Section must
22report, in person to the law enforcement agency having
23jurisdiction, the business name and address where he or she is
24employed. If the person has multiple businesses or work
25locations, every business and work location must be reported to
26the law enforcement agency having jurisdiction.

 

 

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1(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
2eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
397-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.