Rep. Ann Williams

Filed: 10/21/2013

 

 


 

 


 
09800SB1600ham001LRB098 02594 RLC 49179 a

1
AMENDMENT TO SENATE BILL 1600

2    AMENDMENT NO. ______. Amend Senate Bill 1600 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09800SB1600ham001- 2 -LRB098 02594 RLC 49179 a

1    requirements of paragraph (2) of this subsection (a).
2    (2) A person who applies to the Department shall be issued
3a sex offender evaluator license by the Department if the
4person meets the qualifications set forth in paragraph (1) of
5this subsection (a) and provides evidence to the Department
6that the person:
7        (A) is a physician licensed to practice medicine in all
8    of its branches under the Medical Practice Act of 1987 or
9    licensed under the laws of another state; an advanced
10    practice nurse with psychiatric specialty licensed under
11    the Nurse Practice Act or licensed under the laws of
12    another state; a clinical psychologist licensed under the
13    Clinical Psychologist Licensing Act or licensed under the
14    laws of another state; a licensed clinical social worker
15    licensed under the Clinical Social Work and Social Work
16    Practice Act or licensed under the laws of another state; a
17    licensed clinical professional counselor licensed under
18    the Professional Counselor and Clinical Professional
19    Counselor Licensing Act or licensed under the laws of
20    another state; or a licensed marriage and family therapist
21    licensed under the Marriage and Family Therapist Licensing
22    Act or licensed under the laws of another state;
23        (B) has 400 hours of supervised experience in the
24    treatment or evaluation of sex offenders in the last 4
25    years, at least 200 of which are face-to-face therapy or
26    evaluation with sex offenders;

 

 

09800SB1600ham001- 3 -LRB098 02594 RLC 49179 a

1        (C) has completed at least 10 sex offender evaluations
2    under supervision in the past 4 years; and
3        (D) has at least 40 hours of documented training in the
4    specialty of sex offender evaluation, treatment, or
5    management.
6    Until January 1, 2015, the requirements of subparagraphs
7(B) and (D) of paragraph (2) of this subsection (a) are
8satisfied if the applicant has been listed on the Sex Offender
9Management Board's Approved Provider List for a minimum of 2
10years before application for licensure. Until January 1, 2015,
11the requirements of subparagraph (C) of paragraph (2) of this
12subsection (a) are satisfied if the applicant has completed at
13least 10 sex offender evaluations within the 4 years before
14application for licensure.
15    (b)(1) A person is qualified for licensure as a sex
16offender treatment provider if that person:
17        (A) has applied in writing on forms prepared and
18    furnished by the Department;
19        (B) has not engaged or is not engaged in any practice
20    or conduct that would be grounds for disciplining a
21    licensee under Section 75 of this Act; and
22        (C) satisfies the licensure and experience
23    requirements of paragraph (2) of this subsection (b).
24    (2) A person who applies to the Department shall be issued
25a sex offender treatment provider license by the Department if
26the person meets the qualifications set forth in paragraph (1)

 

 

09800SB1600ham001- 4 -LRB098 02594 RLC 49179 a

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

 

 

09800SB1600ham001- 5 -LRB098 02594 RLC 49179 a

1(B) and (C) of paragraph (2) of this subsection (b) are
2satisfied if the applicant has been listed on the Sex Offender
3Management Board's Approved Provider List for a minimum of 2
4years before application.
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(Source: P.A. 97-1098, eff. 7-1-13.)
 
22    (225 ILCS 109/999)
23    Sec. 999. Effective date. This Act takes effect July 1,
242013, except that this Section, Section 175, Section 180, and
25the amendatory changes to Sections 2 and 3 of the Sex Offender

 

 

09800SB1600ham001- 6 -LRB098 02594 RLC 49179 a

1Registration Act take effect on January 1, 2013, the other
2amendatory changes to Section 3-5 of the Sex Offender
3Registration Act, the amendatory changes to the Sexually
4Dangerous Persons Act, and the amendatory changes to the
5Sexually Violent Persons Commitment Act take effect July
6January 1, 2014.
7(Source: P.A. 97-1098, eff. 1-1-13.)
 
8    Section 10. The Sex Offender Registration Act is amended by
9changing Section 3 as follows:
 
10    (730 ILCS 150/3)
11    Sec. 3. Duty to register.
12    (a) A sex offender, as defined in Section 2 of this Act, or
13sexual predator shall, within the time period prescribed in
14subsections (b) and (c), register in person and provide
15accurate information as required by the Department of State
16Police. Such information shall include a current photograph,
17current address, current place of employment, the sex
18offender's or sexual predator's telephone number, including
19cellular telephone number, the employer's telephone number,
20school attended, all e-mail addresses, instant messaging
21identities, chat room identities, and other Internet
22communications identities that the sex offender uses or plans
23to use, all Uniform Resource Locators (URLs) registered or used
24by the sex offender, all blogs and other Internet sites

 

 

09800SB1600ham001- 7 -LRB098 02594 RLC 49179 a

1maintained by the sex offender or to which the sex offender has
2uploaded any content or posted any messages or information,
3extensions of the time period for registering as provided in
4this Article and, if an extension was granted, the reason why
5the extension was granted and the date the sex offender was
6notified of the extension. The information shall also include a
7copy of the terms and conditions of parole or release signed by
8the sex offender and given to the sex offender by his or her
9supervising officer or aftercare specialist, the county of
10conviction, license plate numbers for every vehicle registered
11in the name of the sex offender, the age of the sex offender at
12the time of the commission of the offense, the age of the
13victim at the time of the commission of the offense, and any
14distinguishing marks located on the body of the sex offender. A
15sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1611-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
17Code of 2012 shall provide all Internet protocol (IP) addresses
18in his or her residence, registered in his or her name,
19accessible at his or her place of employment, or otherwise
20under his or her control or custody. If the sex offender is a
21child sex offender as defined in Section 11-9.3 or 11-9.4 of
22the Criminal Code of 1961 or the Criminal Code of 2012, the sex
23offender shall report to the registering agency whether he or
24she is living in a household with a child under 18 years of age
25who is not his or her own child, provided that his or her own
26child is not the victim of the sex offense. The sex offender or

 

 

09800SB1600ham001- 8 -LRB098 02594 RLC 49179 a

1sexual predator shall register:
2        (1) with the chief of police in the municipality in
3    which he or she resides or is temporarily domiciled for a
4    period of time of 3 or more days, unless the municipality
5    is the City of Chicago, in which case he or she shall
6    register at the Chicago Police Department Headquarters; or
7        (2) with the sheriff in the county in which he or she
8    resides or is temporarily domiciled for a period of time of
9    3 or more days in an unincorporated area or, if
10    incorporated, no police chief exists.
11    If the sex offender or sexual predator is employed at or
12attends an institution of higher education, he or she shall
13also register:
14        (i) with:
15            (A) the chief of police in the municipality in
16        which he or she is employed at or attends an
17        institution of higher education, unless the
18        municipality is the City of Chicago, in which case he
19        or she shall register at the Chicago Police Department
20        Headquarters; or
21            (B) the sheriff in the county in which he or she is
22        employed or attends an institution of higher education
23        located in an unincorporated area, or if incorporated,
24        no police chief exists; and
25        (ii) with the public safety or security director of the
26    institution of higher education which he or she is employed

 

 

09800SB1600ham001- 9 -LRB098 02594 RLC 49179 a

1    at or attends.
2    The registration fees shall only apply to the municipality
3or county of primary registration, and not to campus
4registration.
5    For purposes of this Article, the place of residence or
6temporary domicile is defined as any and all places where the
7sex offender resides for an aggregate period of time of 3 or
8more days during any calendar year. Any person required to
9register under this Article who lacks a fixed address or
10temporary domicile must notify, in person, the agency of
11jurisdiction of his or her last known address within 3 days
12after ceasing to have a fixed residence.
13    A sex offender or sexual predator who is temporarily absent
14from his or her current address of registration for 3 or more
15days shall notify the law enforcement agency having
16jurisdiction of his or her current registration, including the
17itinerary for travel, in the manner provided in Section 6 of
18this Act for notification to the law enforcement agency having
19jurisdiction of change of address.
20    Any person who lacks a fixed residence must report weekly,
21in person, with the sheriff's office of the county in which he
22or she is located in an unincorporated area, or with the chief
23of police in the municipality in which he or she is located.
24The agency of jurisdiction will document each weekly
25registration to include all the locations where the person has
26stayed during the past 7 days.

 

 

09800SB1600ham001- 10 -LRB098 02594 RLC 49179 a

1    The sex offender or sexual predator shall provide accurate
2information as required by the Department of State Police. That
3information shall include the sex offender's or sexual
4predator's current place of employment.
5    (a-5) An out-of-state student or out-of-state employee
6shall, within 3 days after beginning school or employment in
7this State, register in person and provide accurate information
8as required by the Department of State Police. Such information
9will include current place of employment, school attended, and
10address in state of residence. A sex offender convicted under
11Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
12Criminal Code of 1961 or the Criminal Code of 2012 shall
13provide all Internet protocol (IP) addresses in his or her
14residence, registered in his or her name, accessible at his or
15her place of employment, or otherwise under his or her control
16or custody. The out-of-state student or out-of-state employee
17shall register:
18        (1) with:
19            (A) the chief of police in the municipality in
20        which he or she attends school or is employed for a
21        period of time of 5 or more days or for an aggregate
22        period of time of more than 30 days during any calendar
23        year, unless the municipality is the City of Chicago,
24        in which case he or she shall register at the Chicago
25        Police Department Headquarters; or
26            (B) the sheriff in the county in which he or she

 

 

09800SB1600ham001- 11 -LRB098 02594 RLC 49179 a

1        attends school or is employed for a period of time of 5
2        or more days or for an aggregate period of time of more
3        than 30 days during any calendar year in an
4        unincorporated area or, if incorporated, no police
5        chief exists; and
6        (2) with the public safety or security director of the
7    institution of higher education he or she is employed at or
8    attends for a period of time of 5 or more days or for an
9    aggregate period of time of more than 30 days during a
10    calendar year.
11    The registration fees shall only apply to the municipality
12or county of primary registration, and not to campus
13registration.
14    The out-of-state student or out-of-state employee shall
15provide accurate information as required by the Department of
16State Police. That information shall include the out-of-state
17student's current place of school attendance or the
18out-of-state employee's current place of employment.
19    (a-10) Any law enforcement agency registering sex
20offenders or sexual predators in accordance with subsections
21(a) or (a-5) of this Section shall forward to the Attorney
22General a copy of sex offender registration forms from persons
23convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2411-21 of the Criminal Code of 1961 or the Criminal Code of
252012, including periodic and annual registrations under
26Section 6 of this Act.

 

 

09800SB1600ham001- 12 -LRB098 02594 RLC 49179 a

1    (b) Any sex offender, as defined in Section 2 of this Act,
2or sexual predator, regardless of any initial, prior, or other
3registration, shall, within 3 days of beginning school, or
4establishing a residence, place of employment, or temporary
5domicile in any county, register in person as set forth in
6subsection (a) or (a-5).
7    (c) The registration for any person required to register
8under this Article shall be as follows:
9        (1) Any person registered under the Habitual Child Sex
10    Offender Registration Act or the Child Sex Offender
11    Registration Act prior to January 1, 1996, shall be deemed
12    initially registered as of January 1, 1996; however, this
13    shall not be construed to extend the duration of
14    registration set forth in Section 7.
15        (2) Except as provided in subsection (c)(2.1) or
16    (c)(4), any person convicted or adjudicated prior to
17    January 1, 1996, whose liability for registration under
18    Section 7 has not expired, shall register in person prior
19    to January 31, 1996.
20        (2.1) A sex offender or sexual predator, who has never
21    previously been required to register under this Act, has a
22    duty to register if the person has been convicted of any
23    felony offense after July 1, 2011. A person who previously
24    was required to register under this Act for a period of 10
25    years and successfully completed that registration period
26    has a duty to register if: (i) the person has been

 

 

09800SB1600ham001- 13 -LRB098 02594 RLC 49179 a

1    convicted of any felony offense after July 1, 2011, and
2    (ii) the offense for which the 10 year registration was
3    served currently requires a registration period of more
4    than 10 years. Notification of an offender's duty to
5    register under this subsection shall be pursuant to Section
6    5-7 of this Act.
7        (2.5) Except as provided in subsection (c)(4), any
8    person who has not been notified of his or her
9    responsibility to register shall be notified by a criminal
10    justice entity of his or her responsibility to register.
11    Upon notification the person must then register within 3
12    days of notification of his or her requirement to register.
13    Except as provided in subsection (c)(2.1), if notification
14    is not made within the offender's 10 year registration
15    requirement, and the Department of State Police determines
16    no evidence exists or indicates the offender attempted to
17    avoid registration, the offender will no longer be required
18    to register under this Act.
19        (3) Except as provided in subsection (c)(4), any person
20    convicted on or after January 1, 1996, shall register in
21    person within 3 days after the entry of the sentencing
22    order based upon his or her conviction.
23        (4) Any person unable to comply with the registration
24    requirements of this Article because he or she is confined,
25    institutionalized, or imprisoned in Illinois on or after
26    January 1, 1996, shall register in person within 3 days of

 

 

09800SB1600ham001- 14 -LRB098 02594 RLC 49179 a

1    discharge, parole or release.
2        (5) The person shall provide positive identification
3    and documentation that substantiates proof of residence at
4    the registering address.
5        (6) The person shall pay a $100 initial registration
6    fee and a $100 annual renewal fee to the registering law
7    enforcement agency having jurisdiction. The fees shall be
8    used by the registering agency for official purposes. The
9    agency shall establish procedures to document receipt and
10    use of the funds. The registering agency law enforcement
11    agency having jurisdiction may waive the registration fee
12    if it determines that the person is indigent and unable to
13    pay the registration fee. Thirty-five dollars for the
14    initial registration fee and $35 of the annual renewal fee
15    shall be retained and used by the registering agency for
16    official purposes. Having retained $35 of the initial
17    registration fee and $35 of the annual renewal fee, the
18    registering agency shall remit the remainder of the fee to
19    State agencies within 30 days of receipt for deposit into
20    the State funds as follows:
21            (A) Five dollars of the initial registration fee
22        and $5 of the annual fee shall be remitted to the State
23        Treasurer who shall deposit the moneys deposited into
24        the Sex Offender Management Board Fund under Section 19
25        of the Sex Offender Management Board Act. Money
26        deposited into the Sex Offender Management Board Fund

 

 

09800SB1600ham001- 15 -LRB098 02594 RLC 49179 a

1        shall be administered by the Sex Offender Management
2        Board and shall be used by the Board to comply with the
3        provisions of the Sex Offender Management Board Act.
4            (B) Thirty dollars of the initial registration fee
5        and $30 of the annual renewal fee shall be remitted to
6        the Department of State Police which shall deposit the
7        moneys deposited into the Sex Offender Registration
8        Fund and shall be used by the Department of State
9        Police to maintain and update the Illinois State Police
10        Sex Offender Registry.
11            (C) Thirty dollars of the initial registration fee
12        and $30 of the annual renewal fee shall be remitted to
13        the Attorney General who shall deposit the moneys
14        deposited into the Attorney General Sex Offender
15        Awareness, Training, and Education Fund. Moneys
16        deposited into the Fund shall be used by the Attorney
17        General to administer the I-SORT program and to alert
18        and educate the public, victims, and witnesses of their
19        rights under various victim notification laws and for
20        training law enforcement agencies, State's Attorneys,
21        and medical providers of their legal duties concerning
22        the prosecution and investigation of sex offenses.
23        The registering agency shall establish procedures to
24    document the receipt and remittance of the $100 initial
25    registration fee and $100 annual renewal fee.
26    (d) Within 3 days after obtaining or changing employment

 

 

09800SB1600ham001- 16 -LRB098 02594 RLC 49179 a

1and, if employed on January 1, 2000, within 5 days after that
2date, a person required to register under this Section must
3report, in person to the law enforcement agency having
4jurisdiction, the business name and address where he or she is
5employed. If the person has multiple businesses or work
6locations, every business and work location must be reported to
7the law enforcement agency having jurisdiction.
8(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
9eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
1097-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".