Illinois General Assembly - Full Text of SB3638
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Full Text of SB3638  97th General Assembly

SB3638enr 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
 
17    Section 10. Definitions. As used in this Act:
18    "Address of record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file maintained by the Department's licensure
21maintenance unit.
22    "Associate sex offender provider" means a person licensed

 

 

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1under this Act to conduct sex offender evaluations or provide
2sex offender treatment services under the supervision of a
3licensed sex offender evaluator or a licensed sex offender
4treatment provider.
5    "Board" means the Sex Offender Evaluation and Treatment
6Licensing and Disciplinary Board.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Licensee" means a person who has obtained a license under
10this Act.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    "Sex offender evaluation" means a sex-offender specific
14evaluation that systematically uses a variety of standardized
15measurements, assessments and information gathered
16collaterally and through face-to-face interviews. Sex-offender
17specific evaluations assess risk to the community; identify and
18document treatment and developmental needs, including safe and
19appropriate placement settings; determine amenability to
20treatment; and are the foundation of treatment, supervision,
21and placement recommendations.
22    "Sex offender evaluator" means a person licensed under this
23Act to conduct sex offender evaluations.
24    "Sex offender treatment" means a comprehensive set of
25planned therapeutic interventions and experiences to reduce
26the risk of further sexual offending and abusive behaviors by

 

 

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1the offender. Treatment may include adjunct therapies to
2address the unique needs of the individual, but must include
3offense specific services by a treatment provider who meets the
4qualifications in Section 30 of this Act. Treatment focuses on
5the situations, thoughts, feelings, and behavior that have
6preceded and followed past offending (abuse cycles) and
7promotes change in each area relevant to the risk of continued
8abusive, offending, or deviant sexual behaviors. Due to the
9heterogeneity of the persons who commit sex offenses, treatment
10is provided based on the individualized evaluation and
11assessment. Treatment is designed to stop sex offending and
12abusive behavior, while increasing the offender's ability to
13function as a healthy, pro-social member of the community.
14Progress in treatment is measured by change rather than the
15passage of time.
16    "Sex offender treatment provider" means a person licensed
17under this Act to provide sex offender treatment.
 
18    Section 15. Duties of the Department. The Department shall
19exercise the powers and duties prescribed by the Civil
20Administrative Code of Illinois for administration of
21licensing acts and shall exercise other powers and duties
22necessary for effectuating the purpose of this Act. The
23Department shall adopt rules to implement, interpret, or make
24specific the provisions and purposes of this Act.
 

 

 

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1    Section 20. Sex Offender Evaluation and Treatment Provider
2Licensing and Disciplinary Board.
3    (a) There is established within the Department the Sex
4Offender Evaluation and Treatment Licensing and Disciplinary
5Board to be appointed by the Secretary. The Board shall be
6composed of 8 persons who shall serve in an advisory capacity
7to the Secretary. The Board shall elect a chairperson and a
8vice chairperson.
9    (b) In appointing members of the Board, the Secretary shall
10give due consideration to recommendations by members of the
11profession of sex offender evaluation and treatment.
12    (c) Three members of the Board shall be sex offender
13evaluation or treatment providers, or both, who have been in
14active practice for at least 5 years immediately preceding
15their appointment. The appointees shall be licensed under this
16Act.
17    (d) One member shall represent the Department of
18Corrections.
19    (e) One member shall represent the Department of Human
20Services.
21    (f) One member shall represent the Administrative Office of
22the Illinois Courts representing the interests of probation
23services.
24    (g) One member shall represent the Sex Offender Management
25Board.
26    (h) One member shall be representative of the general

 

 

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1public who has no direct affiliation or work experience with
2the practice of sex offender evaluation and treatment and who
3clearly represent consumer interests.
4    (i) Board members shall be appointed for a term of 4 years,
5except that any person chosen to fill a vacancy shall be
6appointed only for the unexpired term of the Board member whom
7he or she shall succeed. Upon the expiration of his or her term
8of office, a Board member shall continue to serve until a
9successor is appointed and qualified. No member shall be
10reappointed to the Board for a term that would cause continuous
11service on the Board to be longer than 8 years.
12    (j) The membership of the Board shall reasonably reflect
13representation from the various geographic areas of the State.
14    (k) A member of the Board shall be immune from suit in any
15action based upon any disciplinary proceedings or other
16activities performed in good faith as a member of the Board.
17    (l) The Secretary may remove a member of the Board for any
18cause that, in the opinion of the Secretary, reasonably
19justifies termination.
20    (m) The Secretary may consider the recommendations of the
21Board on questions of standards of professional conduct,
22discipline, and qualification of candidates or licensees under
23this Act.
24    (n) The members of the Board shall be reimbursed for all
25legitimate, necessary, and authorized expenses.
26    (o) A majority of the Board members currently appointed

 

 

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1shall constitute a quorum. A vacancy in the membership of the
2Board shall not impair the right of a quorum to exercise all
3the rights and perform all the duties of the Board.
 
4    Section 25. Application.
5    (a) Applications for original licensure shall be made to
6the Department in writing on forms prescribed by the Department
7and shall be accompanied by the appropriate documentation and
8the required fee, which fee is nonrefundable. An application
9shall require information as, in the judgment of the
10Department, will enable the Department to pass on the
11qualifications of the applicant for licensing.
12    (b) A license shall not be denied to an applicant because
13of the applicant's race, religion, creed, national origin,
14political beliefs or activities, age, sex, sexual orientation,
15or physical disability that does not affect a person's ability
16to practice with reasonable judgment, skill, or safety.
 
17    Section 30. Social Security Number on license application.
18In addition to any other information required to be contained
19in the application, every application for an original, renewal,
20reinstated, or restored license under this Act shall include
21the applicant's Social Security number.
 
22    Section 35. Qualifications for licensure.
23    (a)(1) A person is qualified for licensure as a sex

 

 

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1offender evaluator if that person:
2        (A) has applied in writing on forms prepared and
3    furnished by the Department;
4        (B) has not engaged or is not engaged in any practice
5    or conduct that would be grounds for disciplining a
6    licensee under Section 75 of this Act; and
7        (C) satisfies the licensure and experience
8    requirements of paragraph (2) of this subsection (a).
9    (2) A person who applies to the Department shall be issued
10a sex offender evaluator license by the Department if the
11person meets the qualifications set forth in paragraph (1) of
12this subsection (a) and provides evidence to the Department
13that the person:
14        (A) is a physician licensed to practice medicine in all
15    of its branches under the Medical Practice Act of 1987 or
16    licensed under the laws of another state; an advanced
17    practice nurse with psychiatric specialty licensed under
18    the Nurse Practice Act or licensed under the laws of
19    another state; a clinical psychologist licensed under the
20    Clinical Psychologist Licensing Act or licensed under the
21    laws of another state; a licensed clinical social worker
22    licensed under the Clinical Social Work and Social Work
23    Practice Act or licensed under the laws of another state; a
24    licensed clinical professional counselor licensed under
25    the Professional Counselor and Clinical Professional
26    Counselor Licensing Act or licensed under the laws of

 

 

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1    another state; or a licensed marriage and family therapist
2    licensed under the Marriage and Family Therapist Licensing
3    Act or licensed under the laws of another state;
4        (B) has 400 hours of supervised experience in the
5    treatment or evaluation of sex offenders in the last 4
6    years, at least 200 of which are face-to-face therapy or
7    evaluation with sex offenders;
8        (C) has completed at least 10 sex offender evaluations
9    under supervision in the past 4 years; and
10        (D) has at least 40 hours of documented training in the
11    specialty of sex offender evaluation, treatment, or
12    management.
13    (b)(1) A person is qualified for licensure as a sex
14offender treatment provider if that person:
15        (A) has applied in writing on forms prepared and
16    furnished by the Department;
17        (B) has not engaged or is not engaged in any practice
18    or conduct that would be grounds for disciplining a
19    licensee under Section 75 of this Act; and
20        (C) satisfies the licensure and experience
21    requirements of paragraph (2) of this subsection (b).
22    (2) A person who applies to the Department shall be issued
23a sex offender treatment provider license by the Department if
24the person meets the qualifications set forth in paragraph (1)
25of this subsection (b) and provides evidence to the Department
26that the person:

 

 

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1        (A) is a physician licensed to practice medicine in all
2    of its branches under the Medical Practice Act of 1987 or
3    licensed under the laws of another state; an advanced
4    practice nurse with psychiatric specialty licensed under
5    the Nurse Practice Act or licensed under the laws of
6    another state; a clinical psychologist licensed under the
7    Clinical Psychologist Licensing Act or licensed under the
8    laws of another state; a licensed clinical social worker
9    licensed under the Clinical Social Work and Social Work
10    Practice Act or licensed under the laws of another state; a
11    licensed clinical professional counselor licensed under
12    the Professional Counselor and Clinical Professional
13    Counselor Licensing Act or licensed under the laws of
14    another state; or a licensed marriage and family therapist
15    licensed under the Marriage and Family Therapist Licensing
16    Act or licensed under the laws of another state;
17        (B) has 400 hours of supervised experience in the
18    treatment of sex offenders in the last 4 years, at least
19    200 of which are face-to-face therapy with sex offenders;
20    and
21        (C) has at least 40 hours documented training in the
22    specialty of sex offender evaluation, treatment, or
23    management.
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    Section 40. Application; exemptions.
15    (a) No person may act as a sex offender evaluator, sex
16offender treatment provider, or associate sex offender
17provider as defined in this Act for the provision of sex
18offender evaluations or sex offender treatment pursuant to the
19Sex Offender Management Board Act, the Sexually Dangerous
20Persons Act, or the Sexually Violent Persons Commitment Act
21unless the person is licensed to do so by the Department. Any
22evaluation or treatment services provided by a licensed health
23care professional not licensed under this Act shall not be
24valid under the Sex Offender Management Board Act, the Sexually
25Dangerous Persons Act, or the Sexually Violent Persons

 

 

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1Commitment Act.
2    (b) Nothing in this Act shall be construed to require any
3licensed physician, advanced practice nurse, physician
4assistant, or other health care professional to be licensed
5under this Act for the provision of services for which the
6person is otherwise licensed. This Act does not prohibit a
7person licensed under any other Act in this State from engaging
8in the practice for which he or she is licensed. This Act only
9applies to the provision of sex offender evaluations or sex
10offender treatment provided for the purposes of complying with
11the Sex Offender Management Board Act, the Sexually Dangerous
12Persons Act, or the Sexually Violent Persons Commitment Act.
 
13    Section 45. License renewal; restoration.
14    (a) The expiration date and renewal period for a license
15issued under this Act shall be set by rule. The holder of a
16license under this Act may renew that license during the 90 day
17period immediately preceding the expiration date upon payment
18of the required renewal fees and demonstrating compliance with
19any continuing education requirements. The Department shall
20adopt rules establishing minimum requirements of continuing
21education and means for verification of the completion of the
22continuing education requirements. The Department may, by
23rule, specify circumstances under which the continuing
24education requirements may be waived.
25    (b) A licensee who has permitted his or her license to

 

 

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1expire or who has had his or her license on inactive status may
2have his or her license restored by making application to the
3Department and filing proof acceptable to the Department, as
4defined by rule, of his or her fitness to have his or her
5license restored, including evidence certifying to active
6practice in another jurisdiction satisfactory to the
7Department and by paying the required restoration fee.
8    (c) A licensee whose license expired while he or she was
9(1) in Federal Service on active duty with the Armed Forces of
10the United States, or the State Militia called into service or
11training, or (2) in training or education under the supervision
12of the United States preliminary to induction into the military
13service, may have his or her license renewed or restored
14without paying any lapsed renewal fees if within 2 years after
15honorable termination of service, training or education, he or
16she furnishes the Department with satisfactory evidence to the
17effect that he or she has been so engaged and that his or her
18service, training or education has been terminated.
 
19    Section 50. Inactive status.
20    (a) A licensee who notifies the Department in writing on
21forms prescribed by the Department may elect to place his or
22her license on an inactive status and shall, subject to rules
23of the Department, be excused from payment of renewal fees
24until he or she notifies the Department in writing of his or
25her intent to restore his or her license.

 

 

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1    (b) A licensee requesting restoration from inactive status
2shall be required to pay the current renewal fee and shall be
3required to restore his or her license as provided in Section
445 of this Act.
5    (c) A licensee whose license is in an inactive status shall
6not practice in the State of Illinois.
7    (d) A licensee who provides sex offender evaluation or
8treatment services while his or her license is lapsed or on
9inactive status shall be considered to be practicing without a
10license which shall be grounds for discipline under this Act.
 
11    Section 55. Fees. The fees for the administration and
12enforcement of this Act, including but not limited to original
13licensure, renewal, and restoration, shall be set by rule of
14the Department. The fees shall be nonrefundable.
 
15    Section 60. Deposit of fees and fines. All of the fees and
16fines collected under this Act shall be deposited into the
17General Professions Dedicated Fund.
 
18    Section 65. Payments; penalty for insufficient funds. A
19person who delivers a check or other payment to the Department
20that is returned to the Department unpaid by the financial
21institution upon which it is drawn shall pay to the Department,
22in addition to the amount already owed to the Department, a
23fine of $50. The fines imposed by this Section are in addition

 

 

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1to any other discipline provided under this Act prohibiting
2unlicensed practice or practice on a nonrenewed license. The
3Department shall notify the person that payment of fees and
4fines shall be paid to the Department by certified check or
5money order within 30 calendar days after notification. If
6after the expiration of 30 days from the date of the
7notification the person has failed to submit the necessary
8remittance, the Department shall automatically terminate the
9license or deny the application without hearing. If after
10termination or denial the person seeks a license, he or she
11shall apply to the Department for restoration or issuance of
12the license and pay all fees and fines due to the Department.
13The Department may establish a fee for the processing of an
14application for restoration of a license to pay all expenses of
15processing the application. The Secretary may waive the fines
16due under this Section in individual cases where the Secretary
17finds that the fines would be unreasonable or unnecessarily
18burdensome.
 
19    Section 70. Roster; address change.
20    (a) The Department shall maintain a roster of names and
21addresses of all persons who hold valid licenses and all
22persons whose licenses have been suspended or revoked within
23the previous year. This roster shall be available upon request
24and payment of the required fee.
25    (b) It is the duty of the applicant or licensee to inform

 

 

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1the Department of any change of address, and that change must
2be made either through the Department's website or by
3contacting the Department's licensure maintenance unit.
 
4    Section 75. Refusal, revocation, or suspension.
5    (a) The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or nondisciplinary action, as the Department
8considers appropriate, including the imposition of fines not to
9exceed $10,000 for each violation, with regard to any license
10or licensee for any one or more of the following:
11        (1) violations of this Act or of the rules adopted
12    under this Act;
13        (2) discipline by the Department under other state law
14    and rules which the licensee is subject to;
15        (3) conviction by plea of guilty or nolo contendere,
16    finding of guilt, jury verdict, or entry of judgment or by
17    sentencing for any crime, including, but not limited to,
18    convictions, preceding sentences of supervision,
19    conditional discharge, or first offender probation, under
20    the laws of any jurisdiction of the United States: (i) that
21    is a felony; or (ii) that is a misdemeanor, an essential
22    element of which is dishonesty, or that is directly related
23    to the practice of the profession;
24        (4) professional incompetence;
25        (5) advertising in a false, deceptive, or misleading

 

 

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1    manner;
2        (6) aiding, abetting, assisting, procuring, advising,
3    employing, or contracting with any unlicensed person to
4    provide sex offender evaluation or treatment services
5    contrary to any rules or provisions of this Act;
6        (7) engaging in immoral conduct in the commission of
7    any act, such as sexual abuse, sexual misconduct, or sexual
8    exploitation, related to the licensee's practice;
9        (8) engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public;
12        (9) practicing or offering to practice beyond the scope
13    permitted by law or accepting and performing professional
14    responsibilities which the licensee knows or has reason to
15    know that he or she is not competent to perform;
16        (10) knowingly delegating professional
17    responsibilities to a person unqualified by training,
18    experience, or licensure to perform;
19        (11) failing to provide information in response to a
20    written request made by the Department within 60 days;
21        (12) having a habitual or excessive use of or addiction
22    to alcohol, narcotics, stimulants, or any other chemical
23    agent or drug which results in the inability to practice
24    with reasonable judgment, skill, or safety;
25        (13) having a pattern of practice or other behavior
26    that demonstrates incapacity or incompetence to practice

 

 

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1    under this Act;
2        (14) discipline by another state, District of
3    Columbia, territory, or foreign nation, if at least one of
4    the grounds for the discipline is the same or substantially
5    equivalent to those set forth in this Section;
6        (15) a finding by the Department that the licensee,
7    after having his or her license placed on probationary
8    status, has violated the terms of probation;
9        (16) willfully making or filing false records or
10    reports in his or her practice, including, but not limited
11    to, false records filed with State agencies or departments;
12        (17) making a material misstatement in furnishing
13    information to the Department or otherwise making
14    misleading, deceptive, untrue, or fraudulent
15    representations in violation of this Act or otherwise in
16    the practice of the profession;
17        (18) fraud or misrepresentation in applying for or
18    procuring a license under this Act or in connection with
19    applying for renewal of a license under this Act;
20        (19) inability to practice the profession with
21    reasonable judgment, skill, or safety as a result of
22    physical illness, including, but not limited to,
23    deterioration through the aging process, loss of motor
24    skill, or a mental illness or disability;
25        (20) charging for professional services not rendered,
26    including filing false statements for the collection of

 

 

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1    fees for which services are not rendered; or
2        (21) practicing under a false or, except as provided by
3    law, an assumed name.
4    All fines shall be paid within 60 days of the effective
5date of the order imposing the fine.
6    (b) The Department may refuse to issue or may suspend the
7license of any person who fails to file a tax return, to pay
8the tax, penalty, or interest shown in a filed tax return, or
9to pay any final assessment of tax, penalty, or interest, as
10required by any tax Act administered by the Illinois Department
11of Revenue, until such time as the requirements of the tax Act
12are satisfied in accordance with subsection (g) of Section
132105-15 of the Civil Administrative Code of Illinois.
14    (c) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(g) of Section 2105-15 of the Civil Administrative Code of
20Illinois.
21    (d) In cases where the Department of Healthcare and Family
22Services has previously determined that a licensee or a
23potential licensee is more than 30 days delinquent in the
24payment of child support and has subsequently certified the
25delinquency to the Department, the Department may refuse to
26issue or renew or may revoke or suspend that person's license

 

 

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1or may take other disciplinary action against that person based
2solely upon the certification of delinquency made by the
3Department of Healthcare and Family Services in accordance with
4item (5) of subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6    (e) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission, as
8provided in the Mental Health and Developmental Disabilities
9Code, operates as an automatic suspension. The suspension will
10end only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and the issuance of a court order so finding and discharging
13the patient.
14    (f) In enforcing this Act, the Department or Board, upon a
15showing of a possible violation, may compel an individual
16licensed to practice under this Act, or who has applied for
17licensure under this Act, to submit to a mental or physical
18examination, or both, as required by and at the expense of the
19Department. The Department or Board may order the examining
20physician to present testimony concerning the mental or
21physical examination of the licensee or applicant. No
22information shall be excluded by reason of any common law or
23statutory privilege relating to communications between the
24licensee or applicant and the examining physician. The
25examining physician shall be specifically designated by the
26Board or Department. The individual to be examined may have, at

 

 

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1his or her own expense, another physician of his or her choice
2present during all aspects of this examination. The examination
3shall be performed by a physician licensed to practice medicine
4in all its branches. Failure of an individual to submit to a
5mental or physical examination, when directed, shall result in
6an automatic suspension without hearing.
7    A person holding a license under this Act or who has
8applied for a license under this Act who, because of a physical
9or mental illness or disability, including, but not limited to,
10deterioration through the aging process or loss of motor skill,
11is unable to practice the profession with reasonable judgment,
12skill, or safety, may be required by the Department to submit
13to care, counseling, or treatment by physicians approved or
14designated by the Department as a condition, term, or
15restriction for continued, reinstated, or renewed licensure to
16practice. Submission to care, counseling, or treatment as
17required by the Department shall not be considered discipline
18of a license. If the licensee refuses to enter into a care,
19counseling, or treatment agreement or fails to abide by the
20terms of the agreement, the Department may file a complaint to
21revoke, suspend, or otherwise discipline the license of the
22individual. The Secretary may order the license suspended
23immediately, pending a hearing by the Department. Fines shall
24not be assessed in disciplinary actions involving physical or
25mental illness or impairment.
26    In instances in which the Secretary immediately suspends a

 

 

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1person's license under this Section, a hearing on that person's
2license must be convened by the Department within 15 days after
3the suspension and completed without appreciable delay. The
4Department and Board shall have the authority to review the
5subject individual's record of treatment and counseling
6regarding the impairment to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9    An individual licensed under this Act and subject to action
10under this Section shall be afforded an opportunity to
11demonstrate to the Department or Board that he or she can
12resume practice in compliance with acceptable and prevailing
13standards under the provisions of his or her license.
 
14    Section 80. Continuing education. The Department shall
15adopt rules for continuing education for persons licensed under
16this Act that require a completion of 20 hours of approved sex
17offender specific continuing education per license renewal
18period. The Department shall establish by rule a means for the
19verification of completion of the continuing education
20required by this Section. This verification may be accomplished
21through audits of records maintained by the licensee, by
22requiring the filing of continuing education certificates with
23the Department, or by other means established by the
24Department.
 

 

 

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1    Section 85. Violations; injunctions; cease and desist
2order.
3    (a) If a person violates a provision of this Act, the
4Secretary may, in the name of the People of the State of
5Illinois, through the Attorney General, petition for an order
6enjoining the violation or for an order enforcing compliance
7with this Act. Upon the filing of a verified petition in court,
8the court may issue a temporary restraining order, without
9notice or bond, and may preliminarily and permanently enjoin
10the violation. If it is established that the person has
11violated or is violating the injunction, the court may punish
12the offender for contempt of court. Proceedings under this
13Section are in addition to, and not in lieu of, all other
14remedies and penalties provided by this Act.
15    (b) If a person engages in sex offender evaluation or
16treatment or holds himself or herself out as licensee without
17having a valid license under this Act, then any licensee, any
18interested party or any person injured thereby may, in addition
19to the Secretary, petition for relief as provided in subsection
20(a) of this Section.
21    (c) Whenever in the opinion of the Department a person has
22violated any provision of this Act, the Department may issue a
23rule to show cause why an order to cease and desist should not
24be entered against him or her. The rule shall clearly set forth
25the grounds relied upon by the Department and shall provide a
26period of 7 days from the date of the rule to file an answer to

 

 

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1the satisfaction of the Department. Failure to answer to the
2satisfaction of the Department shall cause an order to cease
3and desist to be issued immediately.
 
4    Section 90. Unlicensed practice; violation; civil penalty.
5    (a) A person who holds himself or herself out to practice
6as a licensee without being licensed under this Act shall, in
7addition to any other penalty provided by law, pay a civil
8penalty to the Department in an amount not to exceed $10,000
9for each offense, as determined by the Department. The civil
10penalty shall be assessed by the Department after a hearing is
11held in accordance with the provisions of this Act regarding a
12hearing for the discipline of a licensee.
13    (b) The Department may investigate any and all unlicensed
14activity.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
 
20    Section 95. Investigation; notice and hearing. The
21Department may investigate the actions or qualifications of any
22person or persons holding or claiming to hold a license. Before
23suspending, revoking, placing on probationary status, or
24taking any other disciplinary action as the Department may deem

 

 

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1proper with regard to any license, at least 30 days before the
2date set for the hearing, the Department shall (i) notify the
3accused in writing of any charges made and the time and place
4for a hearing on the charges before the Board, (ii) direct him
5or her to file a written answer to the charges with the Board
6under oath within 20 days after the service on him or her of
7the notice, and (iii) inform him or her that if he or she fails
8to file an answer, default will be taken against him or her and
9his or her license may be suspended, revoked, placed on
10probationary status, or other disciplinary action taken with
11regard to the license, including limiting the scope, nature, or
12extent of his or her practice, as the Department may deem
13proper. In case the person, after receiving notice, fails to
14file an answer, his or her license may, in the discretion of
15the Department, be suspended, revoked, placed on probationary
16status, or the Department may take whatever disciplinary action
17is deemed proper, including limiting the scope, nature, or
18extent of the person's practice or the imposition of a fine,
19without a hearing, if the act or acts charged constitute
20sufficient grounds for that action under this Act. Written
21notice may be served by personal delivery or by registered or
22certified mail to the applicant or licensee at his or her last
23address of record with the Department. In case the person fails
24to file an answer after receiving notice, his or her license
25may, in the discretion of the Department, be suspended,
26revoked, or placed on probationary status, or the Department

 

 

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1may take whatever disciplinary action is deemed proper,
2including limiting the scope, nature, or extent of the person's
3practice or the imposition of a fine, without a hearing, if the
4act or acts charged constitute sufficient grounds for that
5action under this Act. The written answer shall be served by
6personal delivery, certified delivery, or certified or
7registered mail to the Department. At the time and place fixed
8in the notice, the Department shall proceed to hear the charges
9and the parties or their counsel shall be accorded ample
10opportunity to present statements, testimony, evidence, and
11argument as may be pertinent to the charges or to the defense
12thereto. The Department may continue the hearing from time to
13time. At the discretion of the Secretary after having first
14received the recommendation of the Board, the accused person's
15license may be suspended or revoked, if the evidence
16constitutes sufficient grounds for that action under this Act.
 
17    Section 100. Record of proceeding. The Department, at its
18expense, shall preserve a record of all proceedings at the
19formal hearing of any case. The notice of hearing, complaint
20and all other documents in the nature of pleadings and written
21motions filed in the proceedings, the transcript of testimony,
22the report of the Board and orders of the Department shall be
23in the record of the proceedings. The Department shall furnish
24a transcript of the record to any person interested in the
25hearing upon payment of the fee required under Section 2105-115

 

 

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1of the Department of Professional Regulation Law.
 
2    Section 105. Subpoenas; oaths; attendance of witnesses.
3The Department has the power to subpoena and to bring before it
4any person and to take testimony either orally or by
5deposition, or both, with the same fees and mileage and in the
6same manner as prescribed in civil cases in the courts of this
7State.
8    The Secretary, the designated hearing officer, and every
9member of the Board has power to administer oaths to witnesses
10at any hearing that the Department is authorized to conduct and
11any other oaths authorized in any Act administered by the
12Department. A circuit court may, upon application of the
13Department or its designee, or of the applicant or licensee
14against whom proceedings under this Act are pending, enter an
15order requiring the attendance of witnesses and their
16testimony, and the production of documents, papers, files,
17books and records in connection with any hearing or
18investigation. The court may compel obedience to its order by
19proceedings for contempt.
 
20    Section 110. Recommendations for disciplinary action. At
21the conclusion of the hearing, the Board shall present to the
22Secretary a written report of its findings and recommendations.
23The report shall contain a finding whether or not the accused
24person violated this Act or failed to comply with the

 

 

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1conditions required in this Act. The Board shall specify the
2nature of the violation or failure to comply, and shall make
3its recommendations to the Secretary.
4    The report of findings and recommendations of the Board
5shall be the basis for the Department's order for refusal or
6for the granting of a license, or for any disciplinary action,
7unless the Secretary shall determine that the Board's report is
8contrary to the manifest weight of the evidence, in which case
9the Secretary may issue an order in contravention of the
10Board's report. The finding is not admissible in evidence
11against the person in a criminal prosecution brought for the
12violation of this Act, but the hearing and finding are not a
13bar to a criminal prosecution brought for the violation of this
14Act.
 
15    Section 115. Rehearing. In a hearing involving
16disciplinary action against a licensee, a copy of the Board's
17report shall be served upon the respondent by the Department,
18either personally or as provided in this Act for the service of
19the notice of hearing. Within 20 calendar days after service,
20the respondent may present to the Department a motion in
21writing for a rehearing that shall specify the particular
22grounds for rehearing. If no motion for rehearing is filed,
23then upon the expiration of the time specified for filing a
24motion, or if a motion for rehearing is denied, then upon
25denial, the Secretary may enter an order in accordance with

 

 

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1recommendations of the Board, except as provided in this Act.
2If the respondent orders from the reporting service, and pays
3for, a transcript of the record within the time for filing a
4motion for rehearing, the 20 calendar day period within which a
5motion may be filed shall commence upon the delivery of the
6transcript to the respondent.
 
7    Section 120. Hearing by other hearing officer. Whenever
8the Secretary is not satisfied that substantial justice has
9been done in the revocation, suspension or refusal to issue or
10renew a license, the Secretary may order a rehearing by the
11same or other hearing officer.
 
12    Section 125. Appointment of a hearing officer. The
13Secretary has the authority to appoint any attorney duly
14licensed to practice law in the State of Illinois to serve as
15the hearing officer in any action for refusal to issue or renew
16a license, or to discipline a licensee. The hearing officer has
17full authority to conduct the hearing. The hearing officer
18shall report his or her findings and recommendations to the
19Board and the Secretary. The Board has 60 calendar days from
20receipt of the report to review the report of the hearing
21officer and present its findings of fact, conclusions of law
22and recommendations to the Secretary. If the Board fails to
23present its report within the 60 calendar day period, the
24respondent may request in writing a direct appeal to the

 

 

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1Secretary, in which case the Secretary shall, within 7 calendar
2days after receipt of the request, issue an order directing the
3Board to issue its findings of fact, conclusions of law, and
4recommendations to the Secretary within 30 calendar days after
5that order. If the Board fails to issue its findings of fact,
6conclusions of law, and recommendations within that time frame
7to the Secretary after the entry of the order, the Secretary
8shall, within 30 calendar days thereafter, issue an order based
9upon the report of the hearing officer and the record of the
10proceedings or issue an order remanding the matter back to the
11hearing officer for additional proceedings in accordance with
12the order. If (i) a direct appeal is requested, (ii) the Board
13fails to issue its findings of fact, conclusions of law, and
14recommendations within the 30 day mandate from the Secretary or
15the Secretary fails to order the Board to do so, and (iii) the
16Secretary fails to issue an order within 30 calendar days
17thereafter, then the hearing officer's report is deemed
18accepted and a final decision of the Secretary. Notwithstanding
19any other provision of this Section, if the Secretary, upon
20review, determines that substantial justice has not been done
21in the revocation, suspension, or refusal to issue or renew a
22license or other disciplinary action taken as the result of the
23entry of the hearing officer's report, the Secretary may order
24a rehearing by the same or other hearing officer. If the
25Secretary disagrees with the recommendation of the Board or the
26hearing officer, the Secretary may issue an order in

 

 

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1contravention of the recommendation.
 
2    Section 130. Order; certified copy. An order or a certified
3copy of the order, over the seal of the Department and
4purporting to be signed by the Secretary, shall be prima facie
5proof:
6    (a) that the signature is the genuine signature of the
7Secretary;
8    (b) that the Secretary is duly appointed and qualified; and
9    (c) that the Board and its members are qualified to act.
 
10    Section 135. Restoration. At any time after the suspension
11or revocation of a license, the Department may restore the
12license to the accused person, upon the written recommendation
13of the Board, unless after an investigation and a hearing the
14Board determines that restoration is not in the public
15interest.
 
16    Section 140. License surrender. Upon the revocation or
17suspension of a license, the licensee shall immediately
18surrender the license to the Department. If the licensee fails
19to do so, the Department has the right to seize the license.
 
20    Section 145. Summary suspension. The Secretary may
21summarily suspend the license of a licensee without a hearing,
22simultaneously with the institution of proceedings for a

 

 

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1hearing provided for in this Act, if the Secretary finds that
2evidence in his or her possession indicates that a licensee's
3continuation in practice would constitute an imminent danger to
4the public. In the event that the Secretary summarily suspends
5the license of a licensee without a hearing, a hearing by the
6Board must be held within 30 calendar days after the suspension
7has occurred.
 
8    Section 150. Judicial review. All final administrative
9decisions of the Department are subject to judicial review
10under the Administrative Review Law and its rules. The term
11"administrative decision" is defined as in Section 3-101 of the
12Code of Civil Procedure.
13    Proceedings for judicial review shall be commenced in the
14circuit court of the county in which the party applying for
15review resides; but if the party is not a resident of this
16State, the venue shall be in Sangamon County.
 
17    Section 155. Certification of records. The Department
18shall not be required to certify any record to the court or
19file any answer in court or otherwise appear in any court in a
20judicial review proceeding, unless there is filed in the court,
21with the complaint, a receipt from the Department acknowledging
22payment of the costs of furnishing and certifying the record.
23Failure on the part of the plaintiff to file the receipt in
24court shall be grounds for dismissal of the action.
 

 

 

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1    Section 160. Violations; penalties. A person who is found
2to have violated any provision of this Act is guilty of a Class
3A misdemeanor for the first offense, and a Class 4 felony for a
4second and subsequent offense.
 
5    Section 165. Illinois Administrative Procedure Act. The
6Illinois Administrative Procedure Act is expressly adopted and
7incorporated in this Act as if all of the provisions of that
8Act were included in this Act, except that the provision of
9paragraph (d) of Section 10-65 of the Illinois Administrative
10Procedure Act, which provides that at hearings the license
11holder has the right to show compliance with all lawful
12requirements for retention, continuation or renewal of the
13certificate, is specifically excluded. For the purpose of this
14Act, the notice required under Section 10-25 of the Illinois
15Administrative Procedure Act is deemed sufficient when mailed
16to the last known address of a party.
 
17    Section 170. Home rule. The regulation and licensing of
18sex offender evaluators and treatment providers are exclusive
19powers and functions of the State. A home rule unit may not
20regulate or license sex offender evaluators and treatment
21providers. This Section is a denial and limitation of home rule
22powers and functions under subsection (h) of Section 6 of
23Article VII of the Illinois Constitution.
 

 

 

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1    Section 172. Confidentiality. All information collected by
2the Department in the course of an examination or investigation
3of a licensee or applicant, including, but not limited to, any
4complaint against a licensee filed with the Department and
5information collected to investigate the complaint, shall be
6maintained for the confidential use of the Department and shall
7not be disclosed. The Department may not disclose the
8information except to law enforcement officials, other
9regulatory agencies that have an appropriate regulatory
10interest as determined by the Secretary, or to a party
11presenting a lawful subpoena to the Department. Information and
12documents disclosed to a federal, State, county, or local law
13enforcement agency shall not be disclosed by the agency for any
14purpose to any other agency or person. A formal complaint filed
15against a licensee by the Department or any order issued by the
16Department against a licensee or applicant shall be a public
17record, except as otherwise prohibited by law.
 
18    Section 174. Multiple licensure. When a licensee under this
19Act, who is also a licensee under another statute enforced by
20the Department, is subject to any disciplinary action including
21but not limited to the probation, suspension or revocation of
22any license issued by the Department, the disciplinary action
23is automatically applied to all licenses held by the licensee
24by operation of law.
 

 

 

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1    Section 175. The Sex Offender Management Board Act is
2amended by changing Sections 5, 10, 15, 16, 17, 18, 19, and 20
3as follows:
 
4    (20 ILCS 4026/5)
5    Sec. 5. Legislative declaration. The General Assembly
6hereby declares that the comprehensive evaluation, treatment,
7identification, counseling, and management continued
8monitoring of sex offenders who are subject to the supervision
9of the criminal or juvenile justice systems or mental health
10systems is necessary in order to work toward the elimination of
11recidivism by such offenders. Therefore, the General Assembly
12hereby creates a program which assists in the education and
13training of parole, probation, law enforcement, treatment
14providers and others involved in the management of sex
15offenders. This program will standardize Therefore, the
16General Assembly hereby creates a program which standardizes
17the evaluation, treatment, identification, counseling, and
18management continued monitoring of sex offenders at each stage
19of the criminal or juvenile justice systems or mental health
20systems so that those offenders will curtail recidivistic
21behavior and the protection of victims and potential victims
22will be enhanced. The General Assembly recognizes that some sex
23offenders cannot or will not respond to counseling and that, in
24creating the program described in this Act, the General

 

 

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1Assembly does not intend to imply that all sex offenders can be
2successful in treatment counseling.
3(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
 
4    (20 ILCS 4026/10)
5    Sec. 10. Definitions. In this Act, unless the context
6otherwise requires:
7    (a) "Board" means the Sex Offender Management Board created
8in Section 15.
9    (b) "Sex offender" means any person who is convicted or
10found delinquent in the State of Illinois, or under any
11substantially similar federal law or law of another state, of
12any sex offense or attempt of a sex offense as defined in
13subsection (c) of this Section, or any former statute of this
14State that defined a felony sex offense, or who has been
15declared certified as a sexually dangerous person under the
16Sexually Dangerous Persons Act or declared a sexually violent
17person under the Sexually Violent Persons Commitment Act, or
18any substantially similar federal law or law of another state.
19    (c) "Sex offense" means any felony or misdemeanor offense
20described in this subsection (c) as follows:
21        (1) Indecent solicitation of a child, in violation of
22    Section 11-6 of the Criminal Code of 1961;
23        (2) Indecent solicitation of an adult, in violation of
24    Section 11-6.5 of the Criminal Code of 1961;
25        (3) Public indecency, in violation of Section 11-9 or

 

 

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1    11-30 of the Criminal Code of 1961;
2        (4) Sexual exploitation of a child, in violation of
3    Section 11-9.1 of the Criminal Code of 1961;
4        (5) Sexual relations within families, in violation of
5    Section 11-11 of the Criminal Code of 1961;
6        (6) Promoting juvenile prostitution or soliciting for
7    a juvenile prostitute, in violation of Section 11-14.4 or
8    11-15.1 of the Criminal Code of 1961;
9        (7) Promoting juvenile prostitution or keeping a place
10    of juvenile prostitution, in violation of Section 11-14.4
11    or 11-17.1 of the Criminal Code of 1961;
12        (8) Patronizing a juvenile prostitute, in violation of
13    Section 11-18.1 of the Criminal Code of 1961;
14        (9) Promoting juvenile prostitution or juvenile
15    pimping, in violation of Section 11-14.4 or 11-19.1 of the
16    Criminal Code of 1961;
17        (10) promoting juvenile prostitution or exploitation
18    of a child, in violation of Section 11-14.4 or 11-19.2 of
19    the Criminal Code of 1961;
20        (11) Child pornography, in violation of Section
21    11-20.1 of the Criminal Code of 1961;
22        (11.5) Aggravated child pornography, in violation of
23    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
24        (12) Harmful material, in violation of Section 11-21 of
25    the Criminal Code of 1961;
26        (13) Criminal sexual assault, in violation of Section

 

 

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1    11-1.20 or 12-13 of the Criminal Code of 1961;
2        (13.5) Grooming, in violation of Section 11-25 of the
3    Criminal Code of 1961;
4        (14) Aggravated criminal sexual assault, in violation
5    of Section 11-1.30 or 12-14 of the Criminal Code of 1961;
6        (14.5) Traveling to meet a minor, in violation of
7    Section 11-26 of the Criminal Code of 1961;
8        (15) Predatory criminal sexual assault of a child, in
9    violation of Section 11-1.40 or 12-14.1 of the Criminal
10    Code of 1961;
11        (16) Criminal sexual abuse, in violation of Section
12    11-1.50 or 12-15 of the Criminal Code of 1961;
13        (17) Aggravated criminal sexual abuse, in violation of
14    Section 11-1.60 or 12-16 of the Criminal Code of 1961;
15        (18) Ritualized abuse of a child, in violation of
16    Section 12-33 of the Criminal Code of 1961;
17        (19) An attempt to commit any of the offenses
18    enumerated in this subsection (c); or
19        (20) Any felony offense under Illinois law that is
20    sexually motivated.
21    (d) "Management" means treatment, counseling, monitoring,
22and supervision of any sex offender that conforms to the
23standards created by the Board under Section 15.
24    (e) "Sexually motivated" means one or more of the facts of
25the underlying offense indicates conduct that is of a sexual
26nature or that shows an intent to engage in behavior of a

 

 

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1sexual nature.
2    (f) "Sex offender evaluator" means a person licensed under
3the Sex Offender Evaluation and Treatment Provider Act to
4conduct sex offender evaluations.
5    (g) "Sex offender treatment provider" means a person
6licensed under the Sex Offender Evaluation and Treatment
7Provider Act to provide sex offender treatment services.
8    (h) "Associate sex offender provider" means a person
9licensed under the Sex Offender Evaluation and Treatment
10Provider Act to provide sex offender evaluations and to provide
11sex offender treatment under the supervision of a licensed sex
12offender evaluator or a licensed sex offender treatment
13provider.
14(Source: P.A. 96-1551, eff. 7-1-11.)
 
15    (20 ILCS 4026/15)
16    Sec. 15. Sex Offender Management Board; creation; duties.
17    (a) There is created the Sex Offender Management Board,
18which shall consist of 22 20 members. The membership of the
19Board shall consist of the following persons:
20        (1) Two members appointed by the Governor representing
21    the judiciary, one representing juvenile court matters and
22    one representing adult criminal court matters;
23        (1) (2) One member appointed by the Governor
24    representing Probation Services based on the
25    recommendation of the Illinois Probation and Court

 

 

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1    Services Association;
2        (2) (3) One member appointed by the Governor
3    representing the Department of Corrections;
4        (3) One member appointed by the Governor representing
5    the Department of Juvenile Justice;
6        (4) One member appointed by the Governor representing
7    the Department of Human Services;
8        (5) One member appointed by the Governor representing
9    the Illinois State Police;
10        (6) One member appointed by the Governor representing
11    the Department of Children and Family Services;
12        (7) One member appointed by the Attorney General
13    representing the Office of the Attorney General;
14        (8) One member appointed by the Attorney General who is
15    a licensed mental health professional with documented
16    expertise in the treatment of sex offenders;
17        (9) Two members appointed by the Attorney General who
18    are State's Attorneys or assistant State's Attorneys, one
19    representing juvenile court matters and one representing
20    felony court matters;
21        (10) One member being the Director of the
22    Administrative Office of the Illinois Courts or his or her
23    designee;
24        (11) One member being the Cook County State's Attorney
25    or his or her designee;
26        (12) (11) One member being the Director of the State's

 

 

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1    Attorneys Appellate Prosecutor or his or her designee;
2        (13) (12) One member being the Cook County Public
3    Defender or his or her designee;
4        (14) (13) Two members appointed by the Governor who are
5    representatives of law enforcement, at least one juvenile
6    officer with juvenile sex offender experience and one sex
7    crime investigator;
8        (15) (14) Two members appointed by the Attorney General
9    who are recognized experts in the field of sexual assault
10    and who can represent sexual assault victims and victims'
11    rights organizations;
12        (16) (15) One member being the State Appellate Defender
13    or his or her designee; and
14        (17) One member appointed by the Governor being the
15    President of the Illinois Polygraph Society of his or her
16    designee;
17        (18) (16) One member being the Executive Director of
18    the Criminal Justice Information Authority or his or her
19    designee; and
20        (19) One member appointed by the Governor being the
21    President of the Illinois Chapter of the Association for
22    the Treatment of Sexual Abusers or his or her designee.
23    (b) The Governor and the Attorney General shall appoint a
24presiding officer for the Board from among the board members
25appointed under subsection (a) of this Section, which presiding
26officer shall serve at the pleasure of the Governor and the

 

 

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1Attorney General.
2    (c) Each member of the Board shall demonstrate substantial
3expertise and experience in the field of sexual assault.
4    (d) (1) Any member of the Board created in subsection (a)
5of this Section who is appointed under paragraphs (1) through
6(7) of subsection (a) of this Section shall serve at the
7pleasure of the official who appointed that member, for a term
8of 5 years and may be reappointed. The members shall serve
9without additional compensation.
10    (2) Any member of the Board created in subsection (a) of
11this Section who is appointed under paragraphs (8) through (19)
12(14) of subsection (a) of this Section shall serve for a term
13of 5 years and may be reappointed. However, the term terms of
14the member members appointed under paragraph paragraphs (8) of
15subsection (a) of this Section shall end on January 1, 2012 the
16effective date of this amendatory Act of the 97th General
17Assembly. Within 30 days after January 1, 2012 the effective
18date of this amendatory Act of the 97th General Assembly, the
19Attorney General shall appoint a member under paragraph (8) of
20subsection (a) of this Section to fill the vacancy created by
21this amendatory Act of the 97th General Assembly. A person who
22has previously served as a member of the Board may be
23reappointed. The term terms of the President of the Illinois
24Polygraph Society or his or her designee, the President of the
25Illinois Chapter of the Association for the Treatment of Sexual
26Abusers or his or her designee, and the member representing the

 

 

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1Illinois Principal Association ends end on January 1, 2012 the
2effective date of this amendatory Act of the 97th General
3Assembly. The members shall serve without compensation.
4    (3) The travel costs associated with membership on the
5Board created in subsection (a) of this Section may will be
6reimbursed subject to availability of funds.
7    (e) (Blank). The first meeting of this Board shall be held
8within 45 days of the effective date of this Act.
9    (f) The Board shall carry out the following duties:
10        (1) The Not later than December 31, 2001, the Board
11    shall develop and prescribe separate standardized
12    procedures for the evaluation and management
13    identification of the offender and recommend behavior
14    management, monitoring, and treatment based upon the
15    knowledge that sex offenders are extremely habituated and
16    that there is no known cure for the propensity to commit
17    sex abuse. Periodically, the Board shall review and modify
18    as necessary the standardized procedures based upon
19    current best practices. The Board shall develop and
20    implement measures of success based upon a no-cure policy
21    for intervention. The Board shall develop and implement
22    methods of intervention for sex offenders which have as a
23    priority the physical and psychological safety of victims
24    and potential victims and which are appropriate to the
25    needs of the particular offender, so long as there is no
26    reduction of the safety of victims and potential victims.

 

 

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1        (2) These standardized procedures that are based on
2    current best practices Not later than December 31, 2001,
3    the Board shall develop separate guidelines and standards
4    for a system of programs for the evaluation and treatment
5    of both juvenile and adult sex offenders which shall be
6    utilized with by offenders who are placed on probation,
7    committed to the Department of Corrections, Department of
8    Juvenile Justice, or Department of Human Services, or
9    placed on mandatory supervised release or parole. The
10    programs developed under this paragraph (f) shall be as
11    flexible as possible so that the programs may be utilized
12    by each offender to prevent the offender from harming
13    victims and potential victims. The programs shall be
14    structured in such a manner that the programs provide a
15    continuing monitoring process as well as a continuum of
16    evaluation and treatment counseling programs for each
17    offender as that offender proceeds through the justice
18    system. Also, the programs shall be developed in such a
19    manner that, to the extent possible, the programs may be
20    accessed by all offenders in the justice system.
21        (2.5) Not later than July 1, 2013 and annually
22    thereafter, the Board shall provide trainings for agencies
23    that provide supervision and management to sex offenders on
24    best practices for the treatment, evaluation, and
25    supervision of sex offenders. The training program may
26    include other matters relevant to the supervision and

 

 

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1    management of sex offenders, including, but not limited to,
2    legislative developments and national best practices
3    models. The Board shall hold not less than 2 trainings per
4    year. The Board may develop other training and education
5    programs to promote the utilization of best practices for
6    the effective management of sex offenders as it deems
7    necessary.
8        (3) There is established the Sex Offender Management
9    Board Fund in the State Treasury into which funds received
10    under any provision of law or from public or private
11    sources shall be deposited, and from which funds shall be
12    appropriated for the purposes set forth in Section 19 of
13    this Act, Section 5-6-3 of the Unified Code of Corrections,
14    and Section 3 of the Sex Offender Registration Act, and the
15    remainder shall be appropriated to the Sex Offender
16    Management Board to carry out its duties and comply with
17    the provisions of this Act for planning and research.
18        (4) (Blank). The Board shall develop and prescribe a
19    plan to research and analyze the effectiveness of the
20    evaluation, identification, and counseling procedures and
21    programs developed under this Act. The Board shall also
22    develop and prescribe a system for implementation of the
23    guidelines and standards developed under paragraph (2) of
24    this subsection (f) and for tracking offenders who have
25    been subjected to evaluation, identification, and
26    treatment under this Act. In addition, the Board shall

 

 

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1    develop a system for monitoring offender behaviors and
2    offender adherence to prescribed behavioral changes. The
3    results of the tracking and behavioral monitoring shall be
4    a part of any analysis made under this paragraph (4).
5    (g) The Board may promulgate rules as are necessary to
6carry out the duties of the Board.
7    (h) The Board and the individual members of the Board shall
8be immune from any liability, whether civil or criminal, for
9the good faith performance of the duties of the Board as
10specified in this Section.
11(Source: P.A. 97-257, eff. 1-1-12.)
 
12    (20 ILCS 4026/16)
13    Sec. 16. Sex offender evaluation and identification
14required.
15    (a) Beginning on January 1, 2004 the effective date of this
16amendatory Act of the 93rd General Assembly, each felony sex
17offender who is to be considered for probation shall be
18required as part of the pre-sentence or social investigation to
19submit to an evaluation for treatment, an evaluation for risk,
20and procedures for monitoring of behavior to protect victims
21and potential victims developed pursuant to item (1) of
22subsection (f) of Section 15 of this Act.
23    (b) Beginning on January 1, 2014, the The evaluation
24required by subsection (a) of this Section shall be by a sex
25offender evaluator or associate sex offender provider as

 

 

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1defined in Section 10 of this Act an evaluator approved by the
2Sex Offender Management Board and shall be at the expense of
3the person evaluated, based upon that person's ability to pay
4for such treatment.
5(Source: P.A. 93-616, eff. 1-1-04.)
 
6    (20 ILCS 4026/17)
7    Sec. 17. Sentencing of sex offenders; treatment based upon
8evaluation and identification required.
9    (a) Each felony sex offender sentenced by the court for a
10sex offense shall be required as a part of any sentence to
11probation, conditional release, or periodic imprisonment to
12undergo treatment based upon the recommendations of the
13evaluation made pursuant to Section 16 or based upon any
14subsequent recommendations by the Administrative Office of the
15Illinois Courts or the county probation department, whichever
16is appropriate. Beginning on January 1, 2014, the Any such
17treatment and monitoring shall be at a facility or with a sex
18offender treatment provider or associate sex offender provider
19as defined in Section 10 of this Act person approved by the
20Board and at the such offender's own expense based upon the
21offender's ability to pay for such treatment.
22    (b) Beginning on January 1, 2004 the effective date of this
23amendatory Act of the 93rd General Assembly, each sex offender
24placed on parole or mandatory supervised release by the
25Prisoner Review Board shall be required as a condition of

 

 

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1parole to undergo treatment based upon any evaluation or
2subsequent reevaluation regarding such offender during the
3offender's incarceration or any period of parole. Beginning on
4January 1, 2014, the Any such treatment shall be by a sex
5offender treatment provider or associate sex offender provider
6as defined in Section 10 of this Act an individual approved by
7the Board and at the offender's expense based upon the
8offender's ability to pay for such treatment.
9(Source: P.A. 93-616, eff. 1-1-04.)
 
10    (20 ILCS 4026/18)
11    Sec. 18. Sex offender treatment contracts with providers.
12The county probation department or the Department of Human
13Services shall not employ or contract with and shall not allow
14a sex offender to employ or contract with any individual or
15entity to provide sex offender evaluation or treatment services
16pursuant to this Act unless the sex offender evaluation or
17treatment services provided are by a person licensed under the
18Sex Offender Evaluation and Treatment Provider Act an
19individual approved by the Board pursuant to item (2) of
20subsection (f) of Section 15 of this Act.
21(Source: P.A. 93-616, eff. 1-1-04.)
 
22    (20 ILCS 4026/19)
23    Sec. 19. Sex Offender Management Board Fund. All
24unobligated and unexpended moneys remaining in the Sex Offender

 

 

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1Management Board Fund on the effective date of this amendatory
2Act of the 97th General Assembly shall be transferred into the
3General Professions Dedicated Fund, a special fund in the State
4treasury, to be expended for use by the Department of Financial
5and Professional Regulation for the purpose of implementing the
6provisions of the Sex Offender Evaluation and Treatment
7Provider Act with the exception of $5,000 which shall remain in
8the Fund for use by the Board.
9    (a) Any and all practices endorsed or required under this
10Act, including but not limited to evaluation, treatment, or
11monitoring of programs that are or may be developed by the
12agency providing supervision or the Department of Corrections
13shall be at the expense of the person evaluated or treated,
14based upon the person's ability to pay. If it is determined by
15the agency providing supervision or the Department of
16Corrections that the person does not have the ability to pay
17for practices endorsed or required by this Act, the agency
18providing supervision of the sex offender shall request
19reimbursement for services required under this Act for which
20the agency has provided funding. The agency providing
21supervision or the Department of Corrections shall develop
22factors to be considered and criteria to determine a person's
23ability to pay. The Sex Offender Management Board shall
24coordinate the expenditures of moneys from the Sex Offender
25Management Board Fund. The Board shall allocate moneys
26deposited in this Fund among the agency providing supervision

 

 

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1or the Department of Corrections.
2    (b) (Blank). Up to 20% of this Fund shall be retained by
3the Sex Offender Management Board for administrative costs,
4including staff, incurred pursuant to this Act.
5    (c) Monies expended for this Fund shall be used to comply
6with the provisions of this Act supplement, not replace
7offenders' self-pay, or county appropriations for probation
8and court services.
9    (d) Interest earned on monies deposited in this Fund may be
10used by the Board for its administrative costs and expenses.
11    (e) In addition to the funds provided by the sex offender,
12counties, or Departments providing treatment, the Board shall
13explore funding sources including but not limited to State,
14federal, and private funds.
15(Source: P.A. 93-616, eff. 1-1-04; 94-706, eff. 6-1-06.)
 
16    (20 ILCS 4026/20)
17    Sec. 20. Report to the General Assembly. The Board shall
18submit an annual report to the General Assembly regarding the
19training and educational programs developed and presented Upon
20completion of the duties prescribed in paragraphs (1) and (2)
21of subsection (f) of Section 15, the Board shall make a report
22to the General Assembly regarding the standardized procedures
23developed under this Act, the standardized programs developed
24under this Act, the plans for implementation developed under
25this Act, and the plans for research and analysis developed

 

 

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1under this Act.
2(Source: P.A. 90-133, eff. 7-22-97.)
 
3    Section 180. The State Finance Act is amended by changing
4Section 6z-38 as follows:
 
5    (30 ILCS 105/6z-38)
6    Sec. 6z-38. General Professions Dedicated Fund. The
7General Professions Dedicated Fund is created in the State
8treasury. Moneys in the Fund shall be invested and earnings on
9the investments shall be retained in the Fund. Moneys in the
10Fund shall be appropriated to the Department of Professional
11Regulation for the ordinary and contingent expenses of the
12Department, except for moneys transferred under Section 19 of
13the Sex Offender Management Board Act which shall be
14appropriated for the purpose of implementing the provisions of
15the Sex Offender Evaluation and Treatment Provider Act. Moneys
16in the Fund may be transferred to the Professions Indirect Cost
17Fund as authorized by Section 2105-300 of the Department of
18Professional Regulation Law (20 ILCS 2105/2105-300).
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    Section 185. The Sexually Dangerous Persons Act is amended
21by changing Section 8 as follows:
 
22    (725 ILCS 205/8)  (from Ch. 38, par. 105-8)

 

 

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1    Sec. 8. If the respondent is found to be a sexually
2dangerous person then the court shall appoint the Director of
3Corrections guardian of the person found to be sexually
4dangerous and such person shall stand committed to the custody
5of such guardian. The Director of Corrections as guardian shall
6keep safely the person so committed until the person has
7recovered and is released as hereinafter provided. The Director
8of Corrections as guardian shall provide care and treatment for
9the person committed to him designed to effect recovery. Any
10treatment provided under this Section shall be in conformance
11with the standards promulgated by the Sex Offender Management
12Board Act and conducted by a treatment provider licensed under
13the Sex Offender Evaluation and Treatment Provider Act approved
14by the Board. The Director may place that ward in any facility
15in the Department of Corrections or portion thereof set aside
16for the care and treatment of sexually dangerous persons. The
17Department of Corrections may also request another state
18Department or Agency to examine such person and upon such
19request, such Department or Agency shall make such examination
20and the Department of Corrections may, with the consent of the
21chief executive officer of such other Department or Agency,
22thereupon place such person in the care and treatment of such
23other Department or Agency.
24(Source: P.A. 92-786, eff. 8-6-02; 93-616, eff. 1-1-04.)
 
25    Section 190. The Sexually Violent Persons Commitment Act is

 

 

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1amended by changing Sections 10, 40, 55, 60, and 65 as follows:
 
2    (725 ILCS 207/10)
3    Sec. 10. Notice to the Attorney General and State's
4Attorney.
5    (a) In this Act, "agency with jurisdiction" means the
6agency with the authority or duty to release or discharge the
7person.
8    (b) If an agency with jurisdiction has control or custody
9over a person who may meet the criteria for commitment as a
10sexually violent person, the agency with jurisdiction shall
11inform the Attorney General and the State's Attorney in a
12position to file a petition under paragraph (a)(2) of Section
1315 of this Act regarding the person as soon as possible
14beginning 3 months prior to the applicable date of the
15following:
16        (1) The anticipated release from imprisonment or the
17    anticipated entry into mandatory supervised release of a
18    person who has been convicted of a sexually violent
19    offense.
20        (2) The anticipated release from a Department of
21    Corrections correctional facility or juvenile correctional
22    facility of a person adjudicated delinquent under Section
23    5-20 of the Juvenile Court Act of 1987 (now repealed) or
24    found guilty under Section 5-620 of that Act, on the basis
25    of a sexually violent offense.

 

 

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1        (3) The discharge or conditional release of a person
2    who has been found not guilty of a sexually violent offense
3    by reason of insanity under Section 5-2-4 of the Unified
4    Code of Corrections.
5    (c) The agency with jurisdiction shall provide the Attorney
6General and the State's Attorney with all of the following:
7        (1) The person's name, identifying factors,
8    anticipated future residence and offense history;
9        (2) A comprehensive evaluation of the person's mental
10    condition, the basis upon which a determination has been
11    made that the person is subject to commitment under
12    subsection (b) of Section 15 of this Act and a
13    recommendation for action in furtherance of the purposes of
14    this Act. The evaluation shall be conducted in conformance
15    with the standards developed under the Sex Offender
16    Management Board Act and by an evaluator licensed under the
17    Sex Offender Evaluation and Treatment Provider Act
18    approved by the Board; and
19        (3) If applicable, documentation of any treatment and
20    the person's adjustment to any institutional placement.
21    (d) Any agency or officer, employee or agent of an agency
22is immune from criminal or civil liability for any acts or
23omissions as the result of a good faith effort to comply with
24this Section.
25(Source: P.A. 93-616, eff. 1-1-04.)
 

 

 

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1    (725 ILCS 207/40)
2    Sec. 40. Commitment.
3    (a) If a court or jury determines that the person who is
4the subject of a petition under Section 15 of this Act is a
5sexually violent person, the court shall order the person to be
6committed to the custody of the Department for control, care
7and treatment until such time as the person is no longer a
8sexually violent person.
9    (b) (1) The court shall enter an initial commitment order
10    under this Section pursuant to a hearing held as soon as
11    practicable after the judgment is entered that the person
12    who is the subject of a petition under Section 15 is a
13    sexually violent person. If the court lacks sufficient
14    information to make the determination required by
15    paragraph (b)(2) of this Section immediately after trial,
16    it may adjourn the hearing and order the Department to
17    conduct a predisposition investigation or a supplementary
18    mental examination, or both, to assist the court in framing
19    the commitment order. If the Department's examining
20    evaluator previously rendered an opinion that the person
21    who is the subject of a petition under Section 15 does not
22    meet the criteria to be found a sexually violent person,
23    then another evaluator shall conduct the predisposition
24    investigation and/or supplementary mental examination. A
25    supplementary mental examination under this Section shall
26    be conducted in accordance with Section 3-804 of the Mental

 

 

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1    Health and Developmental Disabilities Code. The State has
2    the right to have the person evaluated by experts chosen by
3    the State.
4        (2) An order for commitment under this Section shall
5    specify either institutional care in a secure facility, as
6    provided under Section 50 of this Act, or conditional
7    release. In determining whether commitment shall be for
8    institutional care in a secure facility or for conditional
9    release, the court shall consider the nature and
10    circumstances of the behavior that was the basis of the
11    allegation in the petition under paragraph (b)(1) of
12    Section 15, the person's mental history and present mental
13    condition, and what arrangements are available to ensure
14    that the person has access to and will participate in
15    necessary treatment. All treatment, whether in
16    institutional care, in a secure facility, or while on
17    conditional release, shall be conducted in conformance
18    with the standards developed under the Sex Offender
19    Management Board Act and conducted by a treatment provider
20    licensed under the Sex Offender Evaluation and Treatment
21    Provider Act approved by the Board. The Department shall
22    arrange for control, care and treatment of the person in
23    the least restrictive manner consistent with the
24    requirements of the person and in accordance with the
25    court's commitment order.
26        (3) If the court finds that the person is appropriate

 

 

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1    for conditional release, the court shall notify the
2    Department. The Department shall prepare a plan that
3    identifies the treatment and services, if any, that the
4    person will receive in the community. The plan shall
5    address the person's need, if any, for supervision,
6    counseling, medication, community support services,
7    residential services, vocational services, and alcohol or
8    other drug abuse treatment. The Department may contract
9    with a county health department, with another public agency
10    or with a private agency to provide the treatment and
11    services identified in the plan. The plan shall specify who
12    will be responsible for providing the treatment and
13    services identified in the plan. The plan shall be
14    presented to the court for its approval within 60 days
15    after the court finding that the person is appropriate for
16    conditional release, unless the Department and the person
17    to be released request additional time to develop the plan.
18    The conditional release program operated under this
19    Section is not subject to the provisions of the Mental
20    Health and Developmental Disabilities Confidentiality Act.
21        (4) An order for conditional release places the person
22    in the custody and control of the Department. A person on
23    conditional release is subject to the conditions set by the
24    court and to the rules of the Department. Before a person
25    is placed on conditional release by the court under this
26    Section, the court shall so notify the municipal police

 

 

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1    department and county sheriff for the municipality and
2    county in which the person will be residing. The
3    notification requirement under this Section does not apply
4    if a municipal police department or county sheriff submits
5    to the court a written statement waiving the right to be
6    notified. Notwithstanding any other provision in the Act,
7    the person being supervised on conditional release shall
8    not reside at the same street address as another sex
9    offender being supervised on conditional release under
10    this Act, mandatory supervised release, parole, probation,
11    or any other manner of supervision. If the Department
12    alleges that a released person has violated any condition
13    or rule, or that the safety of others requires that
14    conditional release be revoked, he or she may be taken into
15    custody under the rules of the Department.
16        At any time during which the person is on conditional
17    release, if the Department determines that the person has
18    violated any condition or rule, or that the safety of
19    others requires that conditional release be revoked, the
20    Department may request the Attorney General or State's
21    Attorney to request the court to issue an emergency ex
22    parte order directing any law enforcement officer to take
23    the person into custody and transport the person to the
24    county jail. The Department may request, or the Attorney
25    General or State's Attorney may request independently of
26    the Department, that a petition to revoke conditional

 

 

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1    release be filed. When a petition is filed, the court may
2    order the Department to issue a notice to the person to be
3    present at the Department or other agency designated by the
4    court, order a summons to the person to be present, or
5    order a body attachment for all law enforcement officers to
6    take the person into custody and transport him or her to
7    the county jail, hospital, or treatment facility. The
8    Department shall submit a statement showing probable cause
9    of the detention and a petition to revoke the order for
10    conditional release to the committing court within 48 hours
11    after the detention. The court shall hear the petition
12    within 30 days, unless the hearing or time deadline is
13    waived by the detained person. Pending the revocation
14    hearing, the Department may detain the person in a jail, in
15    a hospital or treatment facility. The State has the burden
16    of proving by clear and convincing evidence that any rule
17    or condition of release has been violated, or that the
18    safety of others requires that the conditional release be
19    revoked. If the court determines after hearing that any
20    rule or condition of release has been violated, or that the
21    safety of others requires that conditional release be
22    revoked, it may revoke the order for conditional release
23    and order that the released person be placed in an
24    appropriate institution until the person is discharged
25    from the commitment under Section 65 of this Act or until
26    again placed on conditional release under Section 60 of

 

 

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1    this Act.
2        (5) An order for conditional release places the person
3    in the custody, care, and control of the Department. The
4    court shall order the person be subject to the following
5    rules of conditional release, in addition to any other
6    conditions ordered, and the person shall be given a
7    certificate setting forth the conditions of conditional
8    release. These conditions shall be that the person:
9            (A) not violate any criminal statute of any
10        jurisdiction;
11            (B) report to or appear in person before such
12        person or agency as directed by the court and the
13        Department;
14            (C) refrain from possession of a firearm or other
15        dangerous weapon;
16            (D) not leave the State without the consent of the
17        court or, in circumstances in which the reason for the
18        absence is of such an emergency nature, that prior
19        consent by the court is not possible without the prior
20        notification and approval of the Department;
21            (E) at the direction of the Department, notify
22        third parties of the risks that may be occasioned by
23        his or her criminal record or sexual offending history
24        or characteristics, and permit the supervising officer
25        or agent to make the notification requirement;
26            (F) attend and fully participate in assessment,

 

 

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1        treatment, and behavior monitoring including, but not
2        limited to, medical, psychological or psychiatric
3        treatment specific to sexual offending, drug
4        addiction, or alcoholism, to the extent appropriate to
5        the person based upon the recommendation and findings
6        made in the Department evaluation or based upon any
7        subsequent recommendations by the Department;
8            (G) waive confidentiality allowing the court and
9        Department access to assessment or treatment results
10        or both;
11            (H) work regularly at a Department approved
12        occupation or pursue a course of study or vocational
13        training and notify the Department within 72 hours of
14        any change in employment, study, or training;
15            (I) not be employed or participate in any volunteer
16        activity that involves contact with children, except
17        under circumstances approved in advance and in writing
18        by the Department officer;
19            (J) submit to the search of his or her person,
20        residence, vehicle, or any personal or real property
21        under his or her control at any time by the Department;
22            (K) financially support his or her dependents and
23        provide the Department access to any requested
24        financial information;
25            (L) serve a term of home confinement, the
26        conditions of which shall be that the person:

 

 

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1                (i) remain within the interior premises of the
2            place designated for his or her confinement during
3            the hours designated by the Department;
4                (ii) admit any person or agent designated by
5            the Department into the offender's place of
6            confinement at any time for purposes of verifying
7            the person's compliance with the condition of his
8            or her confinement;
9                (iii) if deemed necessary by the Department,
10            be placed on an electronic monitoring device;
11            (M) comply with the terms and conditions of an
12        order of protection issued by the court pursuant to the
13        Illinois Domestic Violence Act of 1986. A copy of the
14        order of protection shall be transmitted to the
15        Department by the clerk of the court;
16            (N) refrain from entering into a designated
17        geographic area except upon terms the Department finds
18        appropriate. The terms may include consideration of
19        the purpose of the entry, the time of day, others
20        accompanying the person, and advance approval by the
21        Department;
22            (O) refrain from having any contact, including
23        written or oral communications, directly or
24        indirectly, with certain specified persons including,
25        but not limited to, the victim or the victim's family,
26        and report any incidental contact with the victim or

 

 

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1        the victim's family to the Department within 72 hours;
2        refrain from entering onto the premises of, traveling
3        past, or loitering near the victim's residence, place
4        of employment, or other places frequented by the
5        victim;
6            (P) refrain from having any contact, including
7        written or oral communications, directly or
8        indirectly, with particular types of persons,
9        including but not limited to members of street gangs,
10        drug users, drug dealers, or prostitutes;
11            (Q) refrain from all contact, direct or indirect,
12        personally, by telephone, letter, or through another
13        person, with minor children without prior
14        identification and approval of the Department;
15            (R) refrain from having in his or her body the
16        presence of alcohol or any illicit drug prohibited by
17        the Cannabis Control Act, the Illinois Controlled
18        Substances Act, or the Methamphetamine Control and
19        Community Protection Act, unless prescribed by a
20        physician, and submit samples of his or her breath,
21        saliva, blood, or urine for tests to determine the
22        presence of alcohol or any illicit drug;
23            (S) not establish a dating, intimate, or sexual
24        relationship with a person without prior written
25        notification to the Department;
26            (T) neither possess or have under his or her

 

 

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1        control any material that is pornographic, sexually
2        oriented, or sexually stimulating, or that depicts or
3        alludes to sexual activity or depicts minors under the
4        age of 18, including but not limited to visual,
5        auditory, telephonic, electronic media, or any matter
6        obtained through access to any computer or material
7        linked to computer access use;
8            (U) not patronize any business providing sexually
9        stimulating or sexually oriented entertainment nor
10        utilize "900" or adult telephone numbers or any other
11        sex-related telephone numbers;
12            (V) not reside near, visit, or be in or about
13        parks, schools, day care centers, swimming pools,
14        beaches, theaters, or any other places where minor
15        children congregate without advance approval of the
16        Department and report any incidental contact with
17        minor children to the Department within 72 hours;
18            (W) not establish any living arrangement or
19        residence without prior approval of the Department;
20            (X) not publish any materials or print any
21        advertisements without providing a copy of the
22        proposed publications to the Department officer and
23        obtaining permission prior to publication;
24            (Y) not leave the county except with prior
25        permission of the Department and provide the
26        Department officer or agent with written travel routes

 

 

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1        to and from work and any other designated destinations;
2            (Z) not possess or have under his or her control
3        certain specified items of contraband related to the
4        incidence of sexually offending items including video
5        or still camera items or children's toys;
6            (AA) provide a written daily log of activities as
7        directed by the Department;
8            (BB) comply with all other special conditions that
9        the Department may impose that restrict the person from
10        high-risk situations and limit access or potential
11        victims.
12        (6) A person placed on conditional release and who
13    during the term undergoes mandatory drug or alcohol testing
14    or is assigned to be placed on an approved electronic
15    monitoring device may be ordered to pay all costs
16    incidental to the mandatory drug or alcohol testing and all
17    costs incidental to the approved electronic monitoring in
18    accordance with the person's ability to pay those costs.
19    The Department may establish reasonable fees for the cost
20    of maintenance, testing, and incidental expenses related
21    to the mandatory drug or alcohol testing and all costs
22    incidental to approved electronic monitoring.
23(Source: P.A. 96-1128, eff. 1-1-11.)
 
24    (725 ILCS 207/55)
25    Sec. 55. Periodic reexamination; report.

 

 

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1    (a) If a person has been committed under Section 40 of this
2Act and has not been discharged under Section 65 of this Act,
3the Department shall submit a written report to the court on
4his or her mental condition within 6 months after an initial
5commitment under Section 40 and then at least once every 12
6months thereafter for the purpose of determining whether the
7person has made sufficient progress to be conditionally
8released or discharged. At the time of a reexamination under
9this Section, the person who has been committed may retain or,
10if he or she is indigent and so requests, the court may appoint
11a qualified expert or a professional person to examine him or
12her.
13    (b) Any examiner conducting an examination under this
14Section shall prepare a written report of the examination no
15later than 30 days after the date of the examination. The
16examiner shall place a copy of the report in the person's
17health care records and shall provide a copy of the report to
18the court that committed the person under Section 40. The
19examination shall be conducted in conformance with the
20standards developed under the Sex Offender Management Board Act
21and by an evaluator licensed under the Sex Offender Evaluation
22and Treatment Provider Act approved by the Board.
23    (c) Notwithstanding subsection (a) of this Section, the
24court that committed a person under Section 40 may order a
25reexamination of the person at any time during the period in
26which the person is subject to the commitment order. Any

 

 

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1examiner conducting an examination under this Section shall
2prepare a written report of the examination no later than 30
3days after the date of the examination.
4    (d) Petitions for discharge after reexamination must
5follow the procedure outlined in Section 65 of this Act.
6(Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
 
7    (725 ILCS 207/60)
8    Sec. 60. Petition for conditional release.
9    (a) Any person who is committed for institutional care in a
10secure facility or other facility under Section 40 of this Act
11may petition the committing court to modify its order by
12authorizing conditional release if at least 6 months have
13elapsed since the initial commitment order was entered, an
14order continuing commitment was entered pursuant to Section 65,
15the most recent release petition was denied or the most recent
16order for conditional release was revoked. The director of the
17facility at which the person is placed may file a petition
18under this Section on the person's behalf at any time. If the
19evaluator on behalf of the Department recommends that the
20committed person is appropriate for conditional release, then
21the director or designee shall, within 30 days of receipt of
22the evaluator's report, file with the committing court notice
23of his or her intention whether or not to petition for
24conditional release on the committed person's behalf.
25    (b) If the person files a timely petition without counsel,

 

 

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1the court shall serve a copy of the petition on the Attorney
2General or State's Attorney, whichever is applicable and,
3subject to paragraph (c)(1) of Section 25 of this Act, appoint
4counsel. If the person petitions through counsel, his or her
5attorney shall serve the Attorney General or State's Attorney,
6whichever is applicable.
7    (c) Within 20 days after receipt of the petition, upon the
8request of the committed person or on the court's own motion,
9the court may appoint an examiner having the specialized
10knowledge determined by the court to be appropriate, who shall
11examine the mental condition of the person and furnish a
12written report of the examination to the court within 30 days
13after appointment. The examiners shall have reasonable access
14to the person for purposes of examination and to the person's
15past and present treatment records and patient health care
16records. If any such examiner believes that the person is
17appropriate for conditional release, the examiner shall report
18on the type of treatment and services that the person may need
19while in the community on conditional release. The State has
20the right to have the person evaluated by experts chosen by the
21State. Any examination or evaluation conducted under this
22Section shall be in conformance with the standards developed
23under the Sex Offender Management Board Act and conducted by an
24evaluator licensed under the Sex Offender Evaluation and
25Treatment Provider Act approved by the Board. The court shall
26set a probable cause hearing as soon as practical after the

 

 

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1examiners' reports are filed. The probable cause hearing shall
2consist of a review of the examining evaluators' reports and
3arguments on behalf of the parties. If the court determines at
4the probable cause hearing that cause exists to believe that it
5is not substantially probable that the person will engage in
6acts of sexual violence if on release or conditional release,
7the court shall set a hearing on the issue.
8    (d) The court, without a jury, shall hear the petition as
9soon as practical after the reports of all examiners are filed
10with the court. The court shall grant the petition unless the
11State proves by clear and convincing evidence that the person
12has not made sufficient progress to be conditionally released.
13In making a decision under this subsection, the court must
14consider the nature and circumstances of the behavior that was
15the basis of the allegation in the petition under paragraph
16(b)(1) of Section 15 of this Act, the person's mental history
17and present mental condition, and what arrangements are
18available to ensure that the person has access to and will
19participate in necessary treatment.
20    (e) Before the court may enter an order directing
21conditional release to a less restrictive alternative it must
22find the following: (1) the person will be treated by a
23Department approved treatment provider, (2) the treatment
24provider has presented a specific course of treatment and has
25agreed to assume responsibility for the treatment and will
26report progress to the Department on a regular basis, and will

 

 

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1report violations immediately to the Department, consistent
2with treatment and supervision needs of the respondent, (3)
3housing exists that is sufficiently secure to protect the
4community, and the person or agency providing housing to the
5conditionally released person has agreed in writing to accept
6the person, to provide the level of security required by the
7court, and immediately to report to the Department if the
8person leaves the housing to which he or she has been assigned
9without authorization, (4) the person is willing to or has
10agreed to comply with the treatment provider, the Department,
11and the court, and (5) the person has agreed or is willing to
12agree to comply with the behavioral monitoring requirements
13imposed by the court and the Department.
14    (f) If the court finds that the person is appropriate for
15conditional release, the court shall notify the Department. The
16Department shall prepare a plan that identifies the treatment
17and services, if any, that the person will receive in the
18community. The plan shall address the person's need, if any,
19for supervision, counseling, medication, community support
20services, residential services, vocational services, and
21alcohol or other drug abuse treatment. The Department may
22contract with a county health department, with another public
23agency or with a private agency to provide the treatment and
24services identified in the plan. The plan shall specify who
25will be responsible for providing the treatment and services
26identified in the plan. The plan shall be presented to the

 

 

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1court for its approval within 60 days after the court finding
2that the person is appropriate for conditional release, unless
3the Department and the person to be released request additional
4time to develop the plan.
5    (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
6of Section 40 of this Act apply to an order for conditional
7release issued under this Section.
8(Source: P.A. 96-1128, eff. 1-1-11.)
 
9    (725 ILCS 207/65)
10    Sec. 65. Petition for discharge; procedure.
11    (a)(1) If the Secretary determines at any time that a
12person committed under this Act is no longer a sexually violent
13person, the Secretary shall authorize the person to petition
14the committing court for discharge. If the evaluator on behalf
15of the Department recommends that the committed person is no
16longer a sexually violent person, then the Secretary or
17designee shall, within 30 days of receipt of the evaluator's
18report, file with the committing court notice of his or her
19determination whether or not to authorize the committed person
20to petition the committing court for discharge. The person
21shall file the petition with the court and serve a copy upon
22the Attorney General or the State's Attorney's office that
23filed the petition under subsection (a) of Section 15 of this
24Act, whichever is applicable. The court, upon receipt of the
25petition for discharge, shall order a hearing to be held as

 

 

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1soon as practical after the date of receipt of the petition.
2    (2) At a hearing under this subsection, the Attorney
3General or State's Attorney, whichever filed the original
4petition, shall represent the State and shall have the right to
5have the petitioner examined by an expert or professional
6person of his or her choice. The examination shall be conducted
7in conformance with the standards developed under the Sex
8Offender Management Board Act and by an evaluator licensed
9under the Sex Offender Evaluation and Treatment Provider Act
10approved by the Board. The committed person or the State may
11elect to have the hearing before a jury. The State has the
12burden of proving by clear and convincing evidence that the
13petitioner is still a sexually violent person.
14    (3) If the court or jury is satisfied that the State has
15not met its burden of proof under paragraph (a)(2) of this
16Section, the petitioner shall be discharged from the custody or
17supervision of the Department. If the court is satisfied that
18the State has met its burden of proof under paragraph (a)(2),
19the court may proceed under Section 40 of this Act to determine
20whether to modify the petitioner's existing commitment order.
21    (b)(1) A person may petition the committing court for
22discharge from custody or supervision without the Secretary's
23approval. At the time of an examination under subsection (a) of
24Section 55 of this Act, the Secretary shall provide the
25committed person with a written notice of the person's right to
26petition the court for discharge over the Secretary's

 

 

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1objection. The notice shall contain a waiver of rights. The
2Secretary shall forward the notice and waiver form to the court
3with the report of the Department's examination under Section
455 of this Act. If the person does not affirmatively waive the
5right to petition, the court shall set a probable cause hearing
6to determine whether facts exist that warrant a hearing on
7whether the person is still a sexually violent person. If a
8person does not file a petition for discharge, yet fails to
9waive the right to petition under this Section, then the
10probable cause hearing consists only of a review of the
11reexamination reports and arguments on behalf of the parties.
12The committed person has a right to have an attorney represent
13him or her at the probable cause hearing, but the person is not
14entitled to be present at the probable cause hearing. The
15probable cause hearing under this Section must be held as soon
16as practical after the filing of the reexamination report under
17Section 55 of this Act.
18    (2) If the court determines at the probable cause hearing
19under paragraph (b)(1) of this Section that probable cause
20exists to believe that the committed person is no longer a
21sexually violent person, then the court shall set a hearing on
22the issue. At a hearing under this Section, the committed
23person is entitled to be present and to the benefit of the
24protections afforded to the person under Section 25 of this
25Act. The committed person or the State may elect to have a
26hearing under this Section before a jury. A verdict of a jury

 

 

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1under this Section is not valid unless it is unanimous. The
2Attorney General or State's Attorney, whichever filed the
3original petition, shall represent the State at a hearing under
4this Section. The State has the right to have the committed
5person evaluated by experts chosen by the State. The
6examination shall be conducted in conformance with the
7standards developed under the Sex Offender Management Board Act
8and by an evaluator licensed under the Sex Offender Evaluation
9and Treatment Provider Act approved by the Board. At the
10hearing, the State has the burden of proving by clear and
11convincing evidence that the committed person is still a
12sexually violent person.
13    (3) If the court or jury is satisfied that the State has
14not met its burden of proof under paragraph (b)(2) of this
15Section, the person shall be discharged from the custody or
16supervision of the Department. If the court or jury is
17satisfied that the State has met its burden of proof under
18paragraph (b)(2) of this Section, the court may proceed under
19Section 40 of this Act to determine whether to modify the
20person's existing commitment order.
21(Source: P.A. 96-1128, eff. 1-1-11.)
 
22    Section 195. The Sex Offender Registration Act is amended
23by changing Sections 2, 3, and 3-5 as follows:
 
24    (730 ILCS 150/2)  (from Ch. 38, par. 222)

 

 

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1    Sec. 2. Definitions.
2    (A) As used in this Article, "sex offender" means any
3person who is:
4        (1) charged pursuant to Illinois law, or any
5    substantially similar federal, Uniform Code of Military
6    Justice, sister state, or foreign country law, with a sex
7    offense set forth in subsection (B) of this Section or the
8    attempt to commit an included sex offense, and:
9            (a) is convicted of such offense or an attempt to
10        commit such offense; or
11            (b) is found not guilty by reason of insanity of
12        such offense or an attempt to commit such offense; or
13            (c) is found not guilty by reason of insanity
14        pursuant to Section 104-25(c) of the Code of Criminal
15        Procedure of 1963 of such offense or an attempt to
16        commit such offense; or
17            (d) is the subject of a finding not resulting in an
18        acquittal at a hearing conducted pursuant to Section
19        104-25(a) of the Code of Criminal Procedure of 1963 for
20        the alleged commission or attempted commission of such
21        offense; or
22            (e) is found not guilty by reason of insanity
23        following a hearing conducted pursuant to a federal,
24        Uniform Code of Military Justice, sister state, or
25        foreign country law substantially similar to Section
26        104-25(c) of the Code of Criminal Procedure of 1963 of

 

 

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1        such offense or of the attempted commission of such
2        offense; or
3            (f) is the subject of a finding not resulting in an
4        acquittal at a hearing conducted pursuant to a federal,
5        Uniform Code of Military Justice, sister state, or
6        foreign country law substantially similar to Section
7        104-25(a) of the Code of Criminal Procedure of 1963 for
8        the alleged violation or attempted commission of such
9        offense; or
10        (2) declared certified as a sexually dangerous person
11    pursuant to the Illinois Sexually Dangerous Persons Act, or
12    any substantially similar federal, Uniform Code of
13    Military Justice, sister state, or foreign country law; or
14        (3) subject to the provisions of Section 2 of the
15    Interstate Agreements on Sexually Dangerous Persons Act;
16    or
17        (4) found to be a sexually violent person pursuant to
18    the Sexually Violent Persons Commitment Act or any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law; or
21        (5) adjudicated a juvenile delinquent as the result of
22    committing or attempting to commit an act which, if
23    committed by an adult, would constitute any of the offenses
24    specified in item (B), (C), or (C-5) of this Section or a
25    violation of any substantially similar federal, Uniform
26    Code of Military Justice, sister state, or foreign country

 

 

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1    law, or found guilty under Article V of the Juvenile Court
2    Act of 1987 of committing or attempting to commit an act
3    which, if committed by an adult, would constitute any of
4    the offenses specified in item (B), (C), or (C-5) of this
5    Section or a violation of any substantially similar
6    federal, Uniform Code of Military Justice, sister state, or
7    foreign country law.
8    Convictions that result from or are connected with the same
9act, or result from offenses committed at the same time, shall
10be counted for the purpose of this Article as one conviction.
11Any conviction set aside pursuant to law is not a conviction
12for purposes of this Article.
13     For purposes of this Section, "convicted" shall have the
14same meaning as "adjudicated".
15    (B) As used in this Article, "sex offense" means:
16        (1) A violation of any of the following Sections of the
17    Criminal Code of 1961:
18            11-20.1 (child pornography),
19            11-20.1B or 11-20.3 (aggravated child
20        pornography),
21            11-6 (indecent solicitation of a child),
22            11-9.1 (sexual exploitation of a child),
23            11-9.2 (custodial sexual misconduct),
24            11-9.5 (sexual misconduct with a person with a
25        disability),
26            11-14.4 (promoting juvenile prostitution),

 

 

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1            11-15.1 (soliciting for a juvenile prostitute),
2            11-18.1 (patronizing a juvenile prostitute),
3            11-17.1 (keeping a place of juvenile
4        prostitution),
5            11-19.1 (juvenile pimping),
6            11-19.2 (exploitation of a child),
7            11-25 (grooming),
8            11-26 (traveling to meet a minor),
9            11-1.20 or 12-13 (criminal sexual assault),
10            11-1.30 or 12-14 (aggravated criminal sexual
11        assault),
12            11-1.40 or 12-14.1 (predatory criminal sexual
13        assault of a child),
14            11-1.50 or 12-15 (criminal sexual abuse),
15            11-1.60 or 12-16 (aggravated criminal sexual
16        abuse),
17            12-33 (ritualized abuse of a child).
18            An attempt to commit any of these offenses.
19        (1.5) A violation of any of the following Sections of
20    the Criminal Code of 1961, when the victim is a person
21    under 18 years of age, the defendant is not a parent of the
22    victim, the offense was sexually motivated as defined in
23    Section 10 of the Sex Offender Evaluation and Treatment Act
24    Sex Offender Management Board Act, and the offense was
25    committed on or after January 1, 1996:
26            10-1 (kidnapping),

 

 

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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint).
4        If the offense was committed before January 1, 1996, it
5    is a sex offense requiring registration only when the
6    person is convicted of any felony after July 1, 2011, and
7    paragraph (2.1) of subsection (c) of Section 3 of this Act
8    applies.
9        (1.6) First degree murder under Section 9-1 of the
10    Criminal Code of 1961, provided the offense was sexually
11    motivated as defined in Section 10 of the Sex Offender
12    Management Board Act.
13        (1.7) (Blank).
14        (1.8) A violation or attempted violation of Section
15    11-11 (sexual relations within families) of the Criminal
16    Code of 1961, and the offense was committed on or after
17    June 1, 1997. If the offense was committed before June 1,
18    1997, it is a sex offense requiring registration only when
19    the person is convicted of any felony after July 1, 2011,
20    and paragraph (2.1) of subsection (c) of Section 3 of this
21    Act applies.
22        (1.9) Child abduction under paragraph (10) of
23    subsection (b) of Section 10-5 of the Criminal Code of 1961
24    committed by luring or attempting to lure a child under the
25    age of 16 into a motor vehicle, building, house trailer, or
26    dwelling place without the consent of the parent or lawful

 

 

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1    custodian of the child for other than a lawful purpose and
2    the offense was committed on or after January 1, 1998,
3    provided the offense was sexually motivated as defined in
4    Section 10 of the Sex Offender Management Board Act. If the
5    offense was committed before January 1, 1998, it is a sex
6    offense requiring registration only when the person is
7    convicted of any felony after July 1, 2011, and paragraph
8    (2.1) of subsection (c) of Section 3 of this Act applies.
9        (1.10) A violation or attempted violation of any of the
10    following Sections of the Criminal Code of 1961 when the
11    offense was committed on or after July 1, 1999:
12            10-4 (forcible detention, if the victim is under 18
13        years of age), provided the offense was sexually
14        motivated as defined in Section 10 of the Sex Offender
15        Management Board Act,
16            11-6.5 (indecent solicitation of an adult),
17            11-14.3 that involves soliciting for a prostitute,
18        or 11-15 (soliciting for a prostitute, if the victim is
19        under 18 years of age),
20            subdivision (a)(2)(A) or (a)(2)(B) of Section
21        11-14.3, or Section 11-16 (pandering, if the victim is
22        under 18 years of age),
23            11-18 (patronizing a prostitute, if the victim is
24        under 18 years of age),
25            subdivision (a)(2)(C) of Section 11-14.3, or
26        Section 11-19 (pimping, if the victim is under 18 years

 

 

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1        of age).
2        If the offense was committed before July 1, 1999, it is
3    a sex offense requiring registration only when the person
4    is convicted of any felony after July 1, 2011, and
5    paragraph (2.1) of subsection (c) of Section 3 of this Act
6    applies.
7        (1.11) A violation or attempted violation of any of the
8    following Sections of the Criminal Code of 1961 when the
9    offense was committed on or after August 22, 2002:
10            11-9 or 11-30 (public indecency for a third or
11        subsequent conviction).
12        If the third or subsequent conviction was imposed
13    before August 22, 2002, it is a sex offense requiring
14    registration only when the person is convicted of any
15    felony after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17        (1.12) A violation or attempted violation of Section
18    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
19    Criminal Code of 1961 (permitting sexual abuse) when the
20    offense was committed on or after August 22, 2002. If the
21    offense was committed before August 22, 2002, it is a sex
22    offense requiring registration only when the person is
23    convicted of any felony after July 1, 2011, and paragraph
24    (2.1) of subsection (c) of Section 3 of this Act applies.
25        (2) A violation of any former law of this State
26    substantially equivalent to any offense listed in

 

 

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1    subsection (B) of this Section.
2    (C) A conviction for an offense of federal law, Uniform
3Code of Military Justice, or the law of another state or a
4foreign country that is substantially equivalent to any offense
5listed in subsections (B), (C), (E), and (E-5) of this Section
6shall constitute a conviction for the purpose of this Article.
7A finding or adjudication as a sexually dangerous person or a
8sexually violent person under any federal law, Uniform Code of
9Military Justice, or the law of another state or foreign
10country that is substantially equivalent to the Sexually
11Dangerous Persons Act or the Sexually Violent Persons
12Commitment Act shall constitute an adjudication for the
13purposes of this Article.
14    (C-5) A person at least 17 years of age at the time of the
15commission of the offense who is convicted of first degree
16murder under Section 9-1 of the Criminal Code of 1961, against
17a person under 18 years of age, shall be required to register
18for natural life. A conviction for an offense of federal,
19Uniform Code of Military Justice, sister state, or foreign
20country law that is substantially equivalent to any offense
21listed in subsection (C-5) of this Section shall constitute a
22conviction for the purpose of this Article. This subsection
23(C-5) applies to a person who committed the offense before June
241, 1996 if: (i) the person is incarcerated in an Illinois
25Department of Corrections facility on August 20, 2004 (the
26effective date of Public Act 93-977), or (ii) subparagraph (i)

 

 

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1does not apply and the person is convicted of any felony after
2July 1, 2011, and paragraph (2.1) of subsection (c) of Section
33 of this Act applies.
4    (C-6) A person who is convicted or adjudicated delinquent
5of first degree murder as defined in Section 9-1 of the
6Criminal Code of 1961, against a person 18 years of age or
7over, shall be required to register for his or her natural
8life. A conviction for an offense of federal, Uniform Code of
9Military Justice, sister state, or foreign country law that is
10substantially equivalent to any offense listed in subsection
11(C-6) of this Section shall constitute a conviction for the
12purpose of this Article. This subsection (C-6) does not apply
13to those individuals released from incarceration more than 10
14years prior to January 1, 2012 (the effective date of Public
15Act 97-154) this amendatory Act of the 97th General Assembly.
16    (D) As used in this Article, "law enforcement agency having
17jurisdiction" means the Chief of Police in each of the
18municipalities in which the sex offender expects to reside,
19work, or attend school (1) upon his or her discharge, parole or
20release or (2) during the service of his or her sentence of
21probation or conditional discharge, or the Sheriff of the
22county, in the event no Police Chief exists or if the offender
23intends to reside, work, or attend school in an unincorporated
24area. "Law enforcement agency having jurisdiction" includes
25the location where out-of-state students attend school and
26where out-of-state employees are employed or are otherwise

 

 

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1required to register.
2    (D-1) As used in this Article, "supervising officer" means
3the assigned Illinois Department of Corrections parole agent or
4county probation officer.
5    (E) As used in this Article, "sexual predator" means any
6person who, after July 1, 1999, is:
7        (1) Convicted for an offense of federal, Uniform Code
8    of Military Justice, sister state, or foreign country law
9    that is substantially equivalent to any offense listed in
10    subsection (E) or (E-5) of this Section shall constitute a
11    conviction for the purpose of this Article. Convicted of a
12    violation or attempted violation of any of the following
13    Sections of the Criminal Code of 1961:
14            11-14.4 that involves keeping a place of juvenile
15        prostitution, or 11-17.1 (keeping a place of juvenile
16        prostitution),
17            subdivision (a)(2) or (a)(3) of Section 11-14.4,
18        or Section 11-19.1 (juvenile pimping),
19            subdivision (a)(4) of Section 11-14.4, or Section
20        11-19.2 (exploitation of a child),
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-1.20 or 12-13 (criminal sexual assault),
25            11-1.30 or 12-14 (aggravated criminal sexual
26        assault),

 

 

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1            11-1.40 or 12-14.1 (predatory criminal sexual
2        assault of a child),
3            11-1.60 or 12-16 (aggravated criminal sexual
4        abuse),
5            12-33 (ritualized abuse of a child);
6        (2) (blank);
7        (3) declared certified as a sexually dangerous person
8    pursuant to the Sexually Dangerous Persons Act or any
9    substantially similar federal, Uniform Code of Military
10    Justice, sister state, or foreign country law;
11        (4) found to be a sexually violent person pursuant to
12    the Sexually Violent Persons Commitment Act or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law;
15        (5) convicted of a second or subsequent offense which
16    requires registration pursuant to this Act. For purposes of
17    this paragraph (5), "convicted" shall include a conviction
18    under any substantially similar Illinois, federal, Uniform
19    Code of Military Justice, sister state, or foreign country
20    law;
21        (6) convicted of a second or subsequent offense of
22    luring a minor under Section 10-5.1 of the Criminal Code of
23    1961; or
24        (7) if the person was convicted of an offense set forth
25    in this subsection (E) on or before July 1, 1999, the
26    person is a sexual predator for whom registration is

 

 

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1    required only when the person is convicted of a felony
2    offense after July 1, 2011, and paragraph (2.1) of
3    subsection (c) of Section 3 of this Act applies.
4    (E-5) As used in this Article, "sexual predator" also means
5a person convicted of a violation or attempted violation of any
6of the following Sections of the Criminal Code of 1961:
7        (1) Section 9-1 (first degree murder, when the victim
8    was a person under 18 years of age and the defendant was at
9    least 17 years of age at the time of the commission of the
10    offense, provided the offense was sexually motivated as
11    defined in Section 10 of the Sex Offender Management Board
12    Act);
13        (2) Section 11-9.5 (sexual misconduct with a person
14    with a disability);
15        (3) when the victim is a person under 18 years of age,
16    the defendant is not a parent of the victim, the offense
17    was sexually motivated as defined in Section 10 of the Sex
18    Offender Management Board Act, and the offense was
19    committed on or after January 1, 1996: (A) Section 10-1
20    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
21    (C) Section 10-3 (unlawful restraint), and (D) Section
22    10-3.1 (aggravated unlawful restraint); and
23        (4) Section 10-5(b)(10) (child abduction committed by
24    luring or attempting to lure a child under the age of 16
25    into a motor vehicle, building, house trailer, or dwelling
26    place without the consent of the parent or lawful custodian

 

 

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1    of the child for other than a lawful purpose and the
2    offense was committed on or after January 1, 1998, provided
3    the offense was sexually motivated as defined in Section 10
4    of the Sex Offender Management Board Act).
5    (E-10) As used in this Article, "sexual predator" also
6means a person required to register in another State due to a
7conviction, adjudication or other action of any court
8triggering an obligation to register as a sex offender, sexual
9predator, or substantially similar status under the laws of
10that State.
11    (F) As used in this Article, "out-of-state student" means
12any sex offender, as defined in this Section, or sexual
13predator who is enrolled in Illinois, on a full-time or
14part-time basis, in any public or private educational
15institution, including, but not limited to, any secondary
16school, trade or professional institution, or institution of
17higher learning.
18    (G) As used in this Article, "out-of-state employee" means
19any sex offender, as defined in this Section, or sexual
20predator who works in Illinois, regardless of whether the
21individual receives payment for services performed, for a
22period of time of 10 or more days or for an aggregate period of
23time of 30 or more days during any calendar year. Persons who
24operate motor vehicles in the State accrue one day of
25employment time for any portion of a day spent in Illinois.
26    (H) As used in this Article, "school" means any public or

 

 

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1private educational institution, including, but not limited
2to, any elementary or secondary school, trade or professional
3institution, or institution of higher education.
4    (I) As used in this Article, "fixed residence" means any
5and all places that a sex offender resides for an aggregate
6period of time of 5 or more days in a calendar year.
7    (J) As used in this Article, "Internet protocol address"
8means the string of numbers by which a location on the Internet
9is identified by routers or other computers connected to the
10Internet.
11(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
1296-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
13revised 9-27-11.)
 
14    (730 ILCS 150/3)
15    Sec. 3. Duty to register.
16    (a) A sex offender, as defined in Section 2 of this Act, or
17sexual predator shall, within the time period prescribed in
18subsections (b) and (c), register in person and provide
19accurate information as required by the Department of State
20Police. Such information shall include a current photograph,
21current address, current place of employment, the sex
22offender's or sexual predator's telephone number, including
23cellular telephone number, the employer's telephone number,
24school attended, all e-mail addresses, instant messaging
25identities, chat room identities, and other Internet

 

 

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1communications identities that the sex offender uses or plans
2to use, all Uniform Resource Locators (URLs) registered or used
3by the sex offender, all blogs and other Internet sites
4maintained by the sex offender or to which the sex offender has
5uploaded any content or posted any messages or information,
6extensions of the time period for registering as provided in
7this Article and, if an extension was granted, the reason why
8the extension was granted and the date the sex offender was
9notified of the extension. The information shall also include a
10copy of the terms and conditions of parole or release signed by
11the sex offender and given to the sex offender by his or her
12supervising officer, the county of conviction, license plate
13numbers for every vehicle registered in the name of the sex
14offender, the age of the sex offender at the time of the
15commission of the offense, the age of the victim at the time of
16the commission of the offense, and any distinguishing marks
17located on the body of the sex offender. A sex offender
18convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1911-21 of the Criminal Code of 1961 shall provide all Internet
20protocol (IP) addresses in his or her residence, registered in
21his or her name, accessible at his or her place of employment,
22or otherwise under his or her control or custody. If the sex
23offender is a child sex offender as defined in Section 11-9.3
24or 11-9.4 of the Criminal Code of 1961, the sex offender shall
25report to the registering agency whether he or she is living in
26a household with a child under 18 years of age who is not his or

 

 

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1her own child, provided that his or her own child is not the
2victim of the sex offense. The sex offender or sexual predator
3shall register:
4        (1) with the chief of police in the municipality in
5    which he or she resides or is temporarily domiciled for a
6    period of time of 3 or more days, unless the municipality
7    is the City of Chicago, in which case he or she shall
8    register at the Chicago Police Department Headquarters; or
9        (2) with the sheriff in the county in which he or she
10    resides or is temporarily domiciled for a period of time of
11    3 or more days in an unincorporated area or, if
12    incorporated, no police chief exists.
13    If the sex offender or sexual predator is employed at or
14attends an institution of higher education, he or she shall
15also register:
16        (i) with:
17            (A) the chief of police in the municipality in
18        which he or she is employed at or attends an
19        institution of higher education, unless the
20        municipality is the City of Chicago, in which case he
21        or she shall register at the Chicago Police Department
22        Headquarters; or
23            (B) the sheriff in the county in which he or she is
24        employed or attends an institution of higher education
25        located in an unincorporated area, or if incorporated,
26        no police chief exists; and

 

 

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

 

 

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

 

 

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1            (B) the sheriff in the county in which he or she
2        attends school or is employed for a period of time of 5
3        or more days or for an aggregate period of time of more
4        than 30 days during any calendar year in an
5        unincorporated area or, if incorporated, no police
6        chief exists; and
7        (2) with the public safety or security director of the
8    institution of higher education he or she is employed at or
9    attends for a period of time of 5 or more days or for an
10    aggregate period of time of more than 30 days during a
11    calendar year.
12    The registration fees shall only apply to the municipality
13or county of primary registration, and not to campus
14registration.
15    The out-of-state student or out-of-state employee shall
16provide accurate information as required by the Department of
17State Police. That information shall include the out-of-state
18student's current place of school attendance or the
19out-of-state employee's current place of employment.
20    (a-10) Any law enforcement agency registering sex
21offenders or sexual predators in accordance with subsections
22(a) or (a-5) of this Section shall forward to the Attorney
23General a copy of sex offender registration forms from persons
24convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2511-21 of the Criminal Code of 1961, including periodic and
26annual registrations under Section 6 of this Act.

 

 

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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

 

 

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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

 

 

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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. The fees shall be used
7    by the registering agency for official purposes. The agency
8    shall establish procedures to document receipt and use of
9    the funds. The law enforcement agency having jurisdiction
10    may waive the registration fee if it determines that the
11    person is indigent and unable to pay the registration fee.
12    Thirty-five Thirty dollars for the initial registration
13    fee and $35 $30 of the annual renewal fee shall be used by
14    the registering agency for official purposes. Five Ten
15    dollars of the initial registration fee and $5 $10 of the
16    annual fee shall be deposited into the Sex Offender
17    Management Board Fund under Section 19 of the Sex Offender
18    Management Board Act. Money deposited into the Sex Offender
19    Management Board Fund shall be administered by the Sex
20    Offender Management Board and shall be used by the Board to
21    comply with the provisions of the Sex Offender Management
22    Board Act to fund practices endorsed or required by the Sex
23    Offender Management Board Act including but not limited to
24    sex offenders evaluation, treatment, or monitoring
25    programs that are or may be developed, as well as for
26    administrative costs, including staff, incurred by the

 

 

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1    Board. Thirty dollars of the initial registration fee and
2    $30 of the annual renewal fee shall be deposited into the
3    Sex Offender Registration Fund and shall be used by the
4    Department of State Police to maintain and update the
5    Illinois State Police Sex Offender Registry. Thirty
6    dollars of the initial registration fee and $30 of the
7    annual renewal fee shall be deposited into the Attorney
8    General Sex Offender Awareness, Training, and Education
9    Fund. Moneys deposited into the Fund shall be used by the
10    Attorney General to administer the I-SORT program and to
11    alert and educate the public, victims, and witnesses of
12    their rights under various victim notification laws and for
13    training law enforcement agencies, State's Attorneys, and
14    medical providers of their legal duties concerning the
15    prosecution and investigation of sex offenses.
16    (d) Within 3 days after obtaining or changing employment
17and, if employed on January 1, 2000, within 5 days after that
18date, a person required to register under this Section must
19report, in person to the law enforcement agency having
20jurisdiction, the business name and address where he or she is
21employed. If the person has multiple businesses or work
22locations, every business and work location must be reported to
23the law enforcement agency having jurisdiction.
24(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
2596-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
261-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.

 

 

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18-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
 
2    (730 ILCS 150/3-5)
3    Sec. 3-5. Application of Act to adjudicated juvenile
4delinquents.
5    (a) In all cases involving an adjudicated juvenile
6delinquent who meets the definition of sex offender as set
7forth in paragraph (5) of subsection (A) of Section 2 of this
8Act, the court shall order the minor to register as a sex
9offender.
10    (b) Once an adjudicated juvenile delinquent is ordered to
11register as a sex offender, the adjudicated juvenile delinquent
12shall be subject to the registration requirements set forth in
13Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
14registration.
15    (c) For a minor adjudicated delinquent for an offense
16which, if charged as an adult, would be a felony, no less than
175 years after registration ordered pursuant to subsection (a)
18of this Section, the minor may petition for the termination of
19the term of registration. For a minor adjudicated delinquent
20for an offense which, if charged as an adult, would be a
21misdemeanor, no less than 2 years after registration ordered
22pursuant to subsection (a) of this Section, the minor may
23petition for termination of the term of registration.
24    (d) The court may upon a hearing on the petition for
25termination of registration, terminate registration if the

 

 

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1court finds that the registrant poses no risk to the community
2by a preponderance of the evidence based upon the factors set
3forth in subsection (e).
4    Notwithstanding any other provisions of this Act to the
5contrary, no registrant whose registration has been terminated
6under this Section shall be required to register under the
7provisions of this Act for the offense or offenses which were
8the subject of the successful petition for termination of
9registration. This exemption shall apply only to those offenses
10which were the subject of the successful petition for
11termination of registration, and shall not apply to any other
12or subsequent offenses requiring registration under this Act.
13    (e) To determine whether a registrant poses a risk to the
14community as required by subsection (d), the court shall
15consider the following factors:
16        (1) a risk assessment performed by an evaluator
17    licensed under the Sex Offender Evaluation and Treatment
18    Provider Act approved by the Sex Offender Management Board;
19        (2) the sex offender history of the adjudicated
20    juvenile delinquent;
21        (3) evidence of the adjudicated juvenile delinquent's
22    rehabilitation;
23        (4) the age of the adjudicated juvenile delinquent at
24    the time of the offense;
25        (5) information related to the adjudicated juvenile
26    delinquent's mental, physical, educational, and social

 

 

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1    history;
2        (6) victim impact statements; and
3        (7) any other factors deemed relevant by the court.
4    (f) At the hearing set forth in subsections (c) and (d), a
5registrant shall be represented by counsel and may present a
6risk assessment conducted by an evaluator who is licensed under
7the Sex Offender Evaluation and Treatment Provider Act a
8licensed psychiatrist, psychologist, or other mental health
9professional, and who has demonstrated clinical experience in
10juvenile sex offender treatment.
11    (g) After a registrant completes the term of his or her
12registration, his or her name, address, and all other
13identifying information shall be removed from all State and
14local registries.
15    (h) This Section applies retroactively to cases in which
16adjudicated juvenile delinquents who registered or were
17required to register before the effective date of this
18amendatory Act of the 95th General Assembly. On or after the
19effective date of this amendatory Act of the 95th General
20Assembly, a person adjudicated delinquent before the effective
21date of this amendatory Act of the 95th General Assembly may
22request a hearing regarding status of registration by filing a
23Petition Requesting Registration Status with the clerk of the
24court. Upon receipt of the Petition Requesting Registration
25Status, the clerk of the court shall provide notice to the
26parties and set the Petition for hearing pursuant to

 

 

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1subsections (c) through (e) of this Section.
2    (i) This Section does not apply to minors prosecuted under
3the criminal laws as adults.
4(Source: P.A. 97-578, eff. 1-1-12.)
 
5    Section 999. Effective date. This Act takes effect July 1,
62013, except that this Section, Section 175, Section 180, and
7the amendatory changes to Sections 2 and 3 of the Sex Offender
8Registration Act take effect on January 1, 2013, the other
9amendatory changes to Section 3-5 of the Sex Offender
10Registration Act, the amendatory changes to the Sexually
11Dangerous Persons Act, and the amendatory changes to the
12Sexually Violent Persons Commitment Act take effect January 1,
132014.