Full Text of HB4298 94th General Assembly
HB4298sam001 94TH GENERAL ASSEMBLY
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Sen. Mike Jacobs
Filed: 3/14/2006
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LRB094 15751 RLC 57157 a |
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| AMENDMENT TO HOUSE BILL 4298
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| AMENDMENT NO. ______. Amend House Bill 4298 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Sex Offender Management Board Act is | 5 |
| amended by changing Section 15 as follows: | 6 |
| (20 ILCS 4026/15)
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| Sec. 15. Sex Offender Management Board; creation; duties.
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| (a) There is created the Sex Offender Management Board, | 9 |
| which shall consist
of 24
members. The membership of the Board | 10 |
| shall consist of the
following
persons:
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| (1) Two members appointed by the Governor representing | 12 |
| the judiciary, one
representing juvenile court matters and | 13 |
| one
representing adult criminal court matters;
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| (2) One member appointed by the Governor representing | 15 |
| Probation
Services;
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| (3) One member appointed by the Governor representing | 17 |
| the Department of
Corrections;
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| (4) One member appointed by the Governor representing | 19 |
| the Department of
Human Services;
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| (5) One member appointed by the Governor representing | 21 |
| the Illinois State
Police;
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| (6) One member appointed by the Governor representing | 23 |
| the Department of
Children and Family Services;
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| (7) One member appointed by the Attorney General |
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| representing the Office
of the Attorney General;
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| (8) Two members appointed by the Attorney General who | 3 |
| are licensed mental
health professionals with documented | 4 |
| expertise in the treatment of sex
offenders;
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| (9) Two members appointed by the Attorney General who | 6 |
| are State's
Attorneys or assistant State's Attorneys, one | 7 |
| representing juvenile court
matters and one representing | 8 |
| felony court matters;
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| (10) One member being the Cook County State's Attorney | 10 |
| or his or her
designee;
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| (11) One member being the Director of the State's | 12 |
| Attorneys Appellate
Prosecutor or his or her designee;
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| (12) One member being the Cook County Public Defender | 14 |
| or his or her
designee;
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| (13) Two members appointed by the Governor who are | 16 |
| representatives
of law enforcement, one juvenile officer | 17 |
| and one sex crime investigator;
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| (14) Two members appointed by the Attorney General who | 19 |
| are recognized
experts in the field of sexual assault and | 20 |
| who can represent sexual assault
victims and victims' | 21 |
| rights organizations;
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| (15) One member being the State Appellate Defender or | 23 |
| his or her
designee;
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| (16) One member being the President of the Illinois | 25 |
| Polygraph Society or
his or her designee;
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| (17) One member being the Executive Director of the | 27 |
| Criminal Justice
Information Authority or his or her | 28 |
| designee;
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| (18) One member being the President of the Illinois | 30 |
| Chapter of the
Association for the Treatment of Sexual | 31 |
| Abusers or his or her designee; and
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| (19) One member representing the Illinois Principal | 33 |
| Association.
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| (b) The Governor and the Attorney General shall appoint a |
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| presiding officer
for the Board
from among the board members | 2 |
| appointed under subsection (a) of this
Section, which presiding | 3 |
| officer shall serve at the pleasure of the Governor
and the | 4 |
| Attorney
General.
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| (c) Each member of the Board shall demonstrate substantial | 6 |
| expertise and
experience in the field of sexual assault.
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| (d) (1) Any member of the Board created in subsection (a) | 8 |
| of this Section
who is appointed under paragraphs (1) through | 9 |
| (7) of subsection (a) of
this
Section shall serve at the | 10 |
| pleasure of the official who appointed that member,
for a term | 11 |
| of 5 years and may be reappointed. The members shall serve
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| without additional compensation.
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| (2) Any member of the Board created in subsection (a) of | 14 |
| this Section who
is appointed under paragraphs (8) through (14) | 15 |
| of subsection (a) of this
Section shall serve for a term of 5 | 16 |
| years and may be reappointed. The members
shall serve without
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| compensation.
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| (3) The travel costs associated with membership on the | 19 |
| Board created in
subsection (a) of this Section will be | 20 |
| reimbursed subject to availability of
funds.
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| (e) The first meeting of this Board shall be held within 45 | 22 |
| days of the
effective date of this Act.
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| (f) The Board shall carry out the following duties:
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| (1) Not later than December 31, 2001,
the
Board shall | 25 |
| develop and prescribe separate standardized procedures for | 26 |
| the
evaluation and identification of the offender and | 27 |
| recommend behavior
management,
monitoring, and treatment
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| based upon the knowledge that sex
offenders are
extremely | 29 |
| habituated and that there is no known cure for the | 30 |
| propensity to
commit sex abuse. The Board shall develop and | 31 |
| implement measures of success
based upon a no-cure policy | 32 |
| for intervention. The Board shall develop and
implement | 33 |
| methods of intervention for sex offenders which have as a | 34 |
| priority
the physical and psychological safety of victims |
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| and potential
victims and which are appropriate to the | 2 |
| needs of the particular offender, so
long as there is no | 3 |
| reduction of the safety of victims and potential victims.
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| (2) Not later than December 31, 2001, the Board
shall | 5 |
| develop separate guidelines and standards for a system of | 6 |
| programs for
the evaluation and treatment
of both juvenile | 7 |
| and adult sex
offenders which shall
be utilized
by | 8 |
| offenders who are placed on probation, committed to the | 9 |
| Department of
Corrections or Department of Human Services, | 10 |
| or placed on mandatory
supervised release or parole. The | 11 |
| programs
developed under this paragraph (f) shall be as | 12 |
| flexible as possible so
that the programs may be utilized | 13 |
| by each offender to prevent the offender
from harming | 14 |
| victims and potential victims. The programs shall be | 15 |
| structured
in such a manner that the programs provide a | 16 |
| continuing monitoring process as
well as a continuum of | 17 |
| counseling programs for each offender as that offender
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| proceeds through the justice system. Also, the programs | 19 |
| shall
be developed in such a manner that, to the extent | 20 |
| possible, the programs may be
accessed by all offenders in | 21 |
| the justice system.
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| (3) There is established the Sex Offender Management | 23 |
| Board Fund in the
State Treasury into which funds received | 24 |
| under any provision of law or from
public or private | 25 |
| sources
shall be deposited, and from which funds
shall be | 26 |
| appropriated for the purposes set forth in Section 19 of | 27 |
| this Act,
Section 5-6-3 of the Unified Code of Corrections, | 28 |
| and Section 3 of the Sex
Offender Registration Act, and the | 29 |
| remainder shall be
appropriated to the Sex Offender | 30 |
| Management Board for planning and
research.
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| (4) The Board shall develop and prescribe a plan to | 32 |
| research and analyze
the effectiveness of the evaluation, | 33 |
| identification, and counseling procedures
and programs | 34 |
| developed under this Act. The Board shall also develop and
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| prescribe a system for implementation of the guidelines and | 2 |
| standards developed
under paragraph (2) of this subsection | 3 |
| (f) and for tracking offenders who
have been subjected to | 4 |
| evaluation, identification, and treatment
under
this Act. | 5 |
| In addition, the Board shall develop a system for | 6 |
| monitoring
offender behaviors and offender adherence to | 7 |
| prescribed behavioral changes.
The results of the tracking | 8 |
| and behavioral monitoring shall be a part of any
analysis | 9 |
| made under this paragraph (4).
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| (5) The Board shall examine: the systems of | 11 |
| communication between states regarding the interstate | 12 |
| movement of registered sex offenders; the laws of Illinois | 13 |
| and its border states restricting the residence of | 14 |
| convicted or registered sex offenders, including but not | 15 |
| limited to those enacted by the States of Iowa and | 16 |
| Missouri; the extent to which State and local law | 17 |
| enforcement resources are affected by these residency | 18 |
| restrictions; the impact of residency restrictions for | 19 |
| convicted or registered sex offenders on activities of, and | 20 |
| on the resources required by, both county probation | 21 |
| departments and the Illinois Department of Corrections. | 22 |
| The Board shall contact such agencies as it deems | 23 |
| appropriate in Illinois' border states, and shall consult | 24 |
| with those agencies regarding these issues and their impact | 25 |
| on both Illinois and its border states. The Board may, in | 26 |
| its discretion, hold one of more public hearings related to | 27 |
| these issues, and may, in its discretion, hold such | 28 |
| hearings at a location convenient to the participation of | 29 |
| persons from one or more of Illinois' border states. The | 30 |
| Board shall report its findings and recommendations to the | 31 |
| Governor and the General Assembly no later than January 1, | 32 |
| 2008.
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| (g) The Board may promulgate rules as are necessary to | 34 |
| carry
out the duties of the Board.
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| (h) The Board and the individual members of the Board shall | 2 |
| be immune from
any liability, whether civil or criminal, for | 3 |
| the good faith performance of
the duties of the Board as | 4 |
| specified in this Section.
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| (Source: P.A. 93-616, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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