Full Text of HB0350 94th General Assembly
HB0350ham001 94TH GENERAL ASSEMBLY
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Rep. Kevin Joyce
Filed: 2/10/2005
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09400HB0350ham001 |
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LRB094 05157 RLC 41061 a |
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| AMENDMENT TO HOUSE BILL 350
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| AMENDMENT NO. ______. Amend House Bill 350 on page 1, line | 3 |
| 6, by inserting after "5-6-4" the following: | 4 |
| "and by adding Article 17 to Chapter III"; and | 5 |
| on page 2, line 14, by inserting after the semicolon the | 6 |
| following: | 7 |
| " the provisions of this paragraph do not apply to a person | 8 |
| convicted of a sex offense who is placed in a Department of | 9 |
| Corrections licensed transitional housing facility for sex | 10 |
| offenders; "; and
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| on page 10, by inserting below line 13 the following: | 12 |
| "(730 ILCS 5/Ch. III Art. 17 heading new)
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| ARTICLE 17. TRANSITIONAL HOUSING FOR SEX OFFENDERS | 14 |
| (730 ILCS 5/3-17-1 new)
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| Sec. 3-17-1. Transitional housing for sex offenders. This | 16 |
| Article may be cited as the Transitional Housing For Sex | 17 |
| Offenders Law. | 18 |
| (730 ILCS 5/3-17-5 new)
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| Sec. 3-17-5. Transitional housing; licensing. | 20 |
| (a) The Department of Corrections shall license | 21 |
| transitional housing facilities for persons convicted of or |
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LRB094 05157 RLC 41061 a |
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| placed on supervision for sex offenses as defined in the Sex | 2 |
| Offender Management Board Act. | 3 |
| (b) A transitional housing facility must meet the following | 4 |
| criteria to be licensed by the Department: | 5 |
| (1) The facility shall provide housing to a sex | 6 |
| offender for a period not to exceed 90 days. | 7 |
| (2) The Department of Corrections must approve a | 8 |
| treatment plan and counseling for each sex offender | 9 |
| residing in the transitional housing. | 10 |
| (3) The transitional housing facility must provide | 11 |
| security 24 hours each day and 7 days each week approved by | 12 |
| the Department. | 13 |
| (4) The facility must notify the police department, | 14 |
| public and private elementary and secondary schools, | 15 |
| public libraries, and each residential home and apartment | 16 |
| complex located within 500 feet of the transitional housing | 17 |
| facility of the name and address of the sex offender | 18 |
| residing in the facility. | 19 |
| (c) The Department of Corrections shall establish rules | 20 |
| consistent with this Section establishing licensing procedures | 21 |
| for transitional housing facilities for sex offenders. The | 22 |
| rules shall be adopted within 60 days after the effective date | 23 |
| of this amendatory Act of the 94th General Assembly. | 24 |
| (d) The Department of Corrections shall maintain a file on | 25 |
| each sex offender housed in a transitional housing facility. | 26 |
| The file shall contain efforts of the Department in placing a | 27 |
| sex offender in non-transitional housing, efforts of the | 28 |
| Department to place the sex offender in a county from which he | 29 |
| or she was convicted, the anticipated length of stay of each | 30 |
| sex offender in the transitional housing facility, the number | 31 |
| of sex offenders residing in the transitional housing facility, | 32 |
| and the services to be provided the sex offender while he or | 33 |
| she resides in the transitional housing facility.
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| (e) The Department of Corrections shall, on or before |
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| December 31 of each year, file a report with the General | 2 |
| Assembly on the number of transitional housing facilities for | 3 |
| sex offenders licensed by the Department, the addresses of each | 4 |
| licensed facility, how many sex offenders are housed in each | 5 |
| facility, and the particular sex offense that each resident of | 6 |
| the transitional housing facility committed. "; and | 7 |
| on page 12, line 33, by inserting after the semicolon the | 8 |
| following: | 9 |
| " the provisions of this paragraph do not apply to a person | 10 |
| convicted of a sex offense who is placed in a Department of | 11 |
| Corrections licensed transitional housing facility for sex | 12 |
| offenders; "; and | 13 |
| on page 27, line 15, by inserting after the period the | 14 |
| following: | 15 |
| " The provisions of this subsection (o) do not apply to a person | 16 |
| convicted of a sex offense who is placed in a Department of | 17 |
| Corrections licensed transitional housing facility for sex | 18 |
| offenders. "; and | 19 |
| on page 31, by inserting below line 9 the following: | 20 |
| "Section 15. The Sex Offender and Child Murderer Community | 21 |
| Notification Law is amended by changing Section 120 as follows:
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| (730 ILCS 152/120)
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| Sec. 120. Community notification of sex offenders.
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| (a) The sheriff of the county, except Cook County, shall | 25 |
| disclose to the
following the name, address, date of birth, | 26 |
| place of employment, school
attended, and offense
or | 27 |
| adjudication of all sex offenders required to register under | 28 |
| Section 3 of
the Sex Offender Registration Act:
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| (1) The boards of institutions of higher education or |
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| other appropriate
administrative offices of each | 2 |
| non-public institution of higher education
located in the | 3 |
| county where the sex offender is required to register, | 4 |
| resides,
is employed, or is attending an institution of | 5 |
| higher education; and
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| (2) School boards of public school districts and the | 7 |
| principal or other
appropriate administrative officer of | 8 |
| each nonpublic school located in the
county where the sex | 9 |
| offender is required to register or is employed; and
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| (3) Child care facilities located in the county
where | 11 |
| the sex offender is required to register or is employed.
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| (a-2) The sheriff of Cook County shall disclose to the | 13 |
| following the name,
address, date of birth, place of | 14 |
| employment, school attended, and offense
or
adjudication of
all | 15 |
| sex offenders required to register under Section 3 of the Sex | 16 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 18 |
| principal or other
appropriate administrative officer of | 19 |
| each nonpublic school located within the
region of Cook | 20 |
| County, as those public school districts and nonpublic | 21 |
| schools
are identified in LEADS, other than the City of | 22 |
| Chicago, where the sex offender
is required to register or | 23 |
| is employed; and
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| (2) Child care facilities located within the region of | 25 |
| Cook
County, as those child care facilities are identified | 26 |
| in LEADS, other than
the City of Chicago, where the sex | 27 |
| offender is required to register or is
employed; and
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| (3) The boards of institutions of higher education or | 29 |
| other appropriate
administrative offices of each | 30 |
| non-public institution of higher education
located in the | 31 |
| county, other than the City of Chicago, where the sex | 32 |
| offender
is required to register, resides, is employed, or | 33 |
| attending an institution
of
higher
education.
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| (a-3) The Chicago Police Department shall disclose to the |
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LRB094 05157 RLC 41061 a |
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| following the
name, address, date of birth, place of | 2 |
| employment, school attended, and
offense
or adjudication
of all | 3 |
| sex offenders required to register under Section 3 of the Sex | 4 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 6 |
| principal or other
appropriate administrative officer of | 7 |
| each nonpublic school located in the
police district where | 8 |
| the sex offender is required to register or is
employed if | 9 |
| the offender is required to register or is employed in the
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| City of Chicago; and
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| (2) Child care facilities located in the police | 12 |
| district where the
sex offender is required to register or | 13 |
| is employed if the offender is
required to register or is | 14 |
| employed in the City of Chicago; and
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| (3) The boards of institutions of higher education or | 16 |
| other appropriate
administrative offices of each | 17 |
| non-public institution of higher education
located in the | 18 |
| police district where the sex offender is required to | 19 |
| register,
resides, is employed, or attending an | 20 |
| institution of higher education in the
City of
Chicago.
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| (a-4) The Department of State Police shall provide a list | 22 |
| of sex offenders
required to register to the Illinois | 23 |
| Department of Children and Family
Services.
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| (b) The Department of State Police and any law enforcement | 25 |
| agency may
disclose, in the Department's or agency's | 26 |
| discretion, the following information
to any person likely to | 27 |
| encounter a sex offender, or sexual predator:
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| (1) The offender's name, address, and date of birth.
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| (2) The offense for which the offender was convicted.
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| (3) Adjudication as a sexually dangerous person.
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| (4) The offender's photograph or other such | 32 |
| information that will help
identify the sex offender.
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| (5) Offender employment information, to protect public | 34 |
| safety.
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LRB094 05157 RLC 41061 a |
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| (c) The name, address, date of birth, and offense or | 2 |
| adjudication for sex
offenders required to register under | 3 |
| Section 3 of the Sex Offender Registration
Act shall be open to | 4 |
| inspection by the public as provided in this Section.
Every | 5 |
| municipal police department shall make available at its | 6 |
| headquarters
the information on all sex offenders who are | 7 |
| required to register in the
municipality under the Sex Offender | 8 |
| Registration Act. The sheriff shall
also make available at his | 9 |
| or her headquarters the information on all sex
offenders who | 10 |
| are required to register under that Act and who live in
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| unincorporated areas of the county. Sex offender information | 12 |
| must be made
available for public inspection to any person, no | 13 |
| later than 72 hours or 3
business days from the date of the | 14 |
| request.
The request must be made in person, in writing, or by | 15 |
| telephone.
Availability must include giving the inquirer | 16 |
| access to a
facility where the information may be copied. A | 17 |
| department or sheriff
may charge a fee, but the fee may not | 18 |
| exceed the actual costs of
copying the information. An inquirer | 19 |
| must be allowed to copy this information
in his or her own | 20 |
| handwriting. A department or sheriff must allow access to
the | 21 |
| information during normal public working hours.
The sheriff or | 22 |
| a municipal police department may publish the
photographs of | 23 |
| sex offenders where any victim was 13 years of age or younger
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| and who are required to register in the municipality or county | 25 |
| under the Sex
Offender Registration Act in a newspaper or | 26 |
| magazine of general circulation in
the municipality or county | 27 |
| or may disseminate the photographs of those sex
offenders on | 28 |
| the Internet or on television. The law enforcement agency may
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| make available the information on all sex offenders residing | 30 |
| within any county.
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| (d) The Department of State Police and any law enforcement | 32 |
| agency having
jurisdiction may, in the Department's or agency's | 33 |
| discretion, place the
information specified in subsection (b) | 34 |
| on the Internet or in
other media.
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| (e) The Department of State Police and any law enforcement | 2 |
| agency having
jurisdiction may, in the Department's or agency's | 3 |
| discretion, only provide
the
information specified in | 4 |
| subsection (b), with respect to an adjudicated
juvenile | 5 |
| delinquent, to any person when that person's safety may be | 6 |
| compromised
for some
reason related to the juvenile sex | 7 |
| offender.
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| (f) The administrator of a transitional housing facility | 9 |
| for sex offenders shall comply with the notification procedures | 10 |
| established in paragraph (4) of subsection (b) of Section | 11 |
| 3-17-5 of the Unified Code of Corrections.
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| (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, | 13 |
| eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,
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| 6-28-01; 92-828, eff. 8-22-02.)".
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