Full Text of SB0265 97th General Assembly
SB0265eng 97TH GENERAL ASSEMBLY |
| | SB0265 Engrossed | | LRB097 04064 RLJ 44103 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Management Board Act is amended | 5 | | by changing Section 15 as follows: | 6 | | (20 ILCS 4026/15)
| 7 | | Sec. 15. Sex Offender Management Board; creation; duties.
| 8 | | (a) There is created the Sex Offender Management Board, | 9 | | which shall consist
of 20 24
members. The membership of the | 10 | | Board shall consist of the
following
persons:
| 11 | | (1) Two members appointed by the Governor representing | 12 | | the judiciary, one
representing juvenile court matters and | 13 | | one
representing adult criminal court matters;
| 14 | | (2) One member appointed by the Governor representing | 15 | | Probation
Services based on the recommendation of the | 16 | | Illinois Probation and Court Services Association ;
| 17 | | (3) One member appointed by the Governor representing | 18 | | the Department of
Corrections;
| 19 | | (4) One member appointed by the Governor representing | 20 | | the Department of
Human Services;
| 21 | | (5) One member appointed by the Governor representing | 22 | | the Illinois State
Police;
| 23 | | (6) One member appointed by the Governor representing |
| | | SB0265 Engrossed | - 2 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | the Department of
Children and Family Services;
| 2 | | (7) One member appointed by the Attorney General | 3 | | representing the Office
of the Attorney General;
| 4 | | (8) One member Two members appointed by the Attorney | 5 | | General who is a are licensed mental
health professional | 6 | | professionals with documented expertise in the treatment | 7 | | of sex
offenders;
| 8 | | (9) Two members appointed by the Attorney General who | 9 | | are State's
Attorneys or assistant State's Attorneys, one | 10 | | representing juvenile court
matters and one representing | 11 | | felony court matters;
| 12 | | (10) One member being the Cook County State's Attorney | 13 | | or his or her
designee;
| 14 | | (11) One member being the Director of the State's | 15 | | Attorneys Appellate
Prosecutor or his or her designee;
| 16 | | (12) One member being the Cook County Public Defender | 17 | | or his or her
designee;
| 18 | | (13) Two members appointed by the Governor who are | 19 | | representatives
of law enforcement, one juvenile officer | 20 | | and one sex crime investigator;
| 21 | | (14) Two members appointed by the Attorney General who | 22 | | are recognized
experts in the field of sexual assault and | 23 | | who can represent sexual assault
victims and victims' | 24 | | rights organizations;
| 25 | | (15) One member being the State Appellate Defender or | 26 | | his or her
designee;
and
|
| | | SB0265 Engrossed | - 3 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | (16) One member being the President of the Illinois | 2 | | Polygraph Society or
his or her designee;
| 3 | | (16) (17) One member being the Executive Director of | 4 | | the Criminal Justice
Information Authority or his or her | 5 | | designee . ;
| 6 | | (18) One member being the President of the Illinois | 7 | | Chapter of the
Association for the Treatment of Sexual | 8 | | Abusers or his or her designee; and
| 9 | | (19) One member representing the Illinois Principal | 10 | | Association.
| 11 | | (b) The Governor and the Attorney General shall appoint a | 12 | | presiding officer
for the Board
from among the board members | 13 | | appointed under subsection (a) of this
Section, which presiding | 14 | | officer shall serve at the pleasure of the Governor
and the | 15 | | Attorney
General.
| 16 | | (c) Each member of the Board shall demonstrate substantial | 17 | | expertise and
experience in the field of sexual assault.
| 18 | | (d) (1) Any member of the Board created in subsection (a) | 19 | | of this Section
who is appointed under paragraphs (1) through | 20 | | (7) of subsection (a) of
this
Section shall serve at the | 21 | | pleasure of the official who appointed that member,
for a term | 22 | | of 5 years and may be reappointed. The members shall serve
| 23 | | without additional compensation.
| 24 | | (2) Any member of the Board created in subsection (a) of | 25 | | this Section who
is appointed under paragraphs (8) through (14) | 26 | | of subsection (a) of this
Section shall serve for a term of 5 |
| | | SB0265 Engrossed | - 4 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | years and may be reappointed. However, the terms of the members | 2 | | appointed under paragraphs (8) of subsection (a) of this | 3 | | Section shall end on the effective date of this amendatory Act | 4 | | of the 97th General Assembly. Within 30 days after the | 5 | | effective date of this amendatory Act of the 97th General | 6 | | Assembly, the Attorney General shall appoint a member under | 7 | | paragraph (8) of subsection (a) of this Section to fill the | 8 | | vacancy created by this amendatory Act of the 97th General | 9 | | Assembly. A person who has previously served as a member of the | 10 | | Board may be reappointed. The terms of the President of the | 11 | | Illinois Polygraph Society or
his or her designee, the | 12 | | President of the Illinois Chapter of the
Association for the | 13 | | Treatment of Sexual Abusers or his or her designee, and the | 14 | | member representing the Illinois Principal Association end on | 15 | | the effective date of this amendatory Act of the 97th General | 16 | | Assembly. The members
shall serve without
compensation.
| 17 | | (3) The travel costs associated with membership on the | 18 | | Board created in
subsection (a) of this Section will be | 19 | | reimbursed subject to availability of
funds.
| 20 | | (e) The first meeting of this Board shall be held within 45 | 21 | | days of the
effective date of this Act.
| 22 | | (f) The Board shall carry out the following duties:
| 23 | | (1) Not later than December 31, 2001,
the
Board shall | 24 | | develop and prescribe separate standardized procedures for | 25 | | the
evaluation and identification of the offender and | 26 | | recommend behavior
management,
monitoring, and treatment
|
| | | SB0265 Engrossed | - 5 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | based upon the knowledge that sex
offenders are
extremely | 2 | | habituated and that there is no known cure for the | 3 | | propensity to
commit sex abuse. The Board shall develop and | 4 | | implement measures of success
based upon a no-cure policy | 5 | | for intervention. The Board shall develop and
implement | 6 | | methods of intervention for sex offenders which have as a | 7 | | priority
the physical and psychological safety of victims | 8 | | and potential
victims and which are appropriate to the | 9 | | needs of the particular offender, so
long as there is no | 10 | | reduction of the safety of victims and potential victims.
| 11 | | (2) Not later than December 31, 2001, the Board
shall | 12 | | develop separate guidelines and standards for a system of | 13 | | programs for
the evaluation and treatment
of both juvenile | 14 | | and adult sex
offenders which shall
be utilized
by | 15 | | offenders who are placed on probation, committed to the | 16 | | Department of
Corrections or Department of Human Services, | 17 | | or placed on mandatory
supervised release or parole. The | 18 | | programs
developed under this paragraph (f) shall be as | 19 | | flexible as possible so
that the programs may be utilized | 20 | | by each offender to prevent the offender
from harming | 21 | | victims and potential victims. The programs shall be | 22 | | structured
in such a manner that the programs provide a | 23 | | continuing monitoring process as
well as a continuum of | 24 | | counseling programs for each offender as that offender
| 25 | | proceeds through the justice system. Also, the programs | 26 | | shall
be developed in such a manner that, to the extent |
| | | SB0265 Engrossed | - 6 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | possible, the programs may be
accessed by all offenders in | 2 | | the justice system.
| 3 | | (3) There is established the Sex Offender Management | 4 | | Board Fund in the
State Treasury into which funds received | 5 | | under any provision of law or from
public or private | 6 | | sources
shall be deposited, and from which funds
shall be | 7 | | appropriated for the purposes set forth in Section 19 of | 8 | | this Act,
Section 5-6-3 of the Unified Code of Corrections, | 9 | | and Section 3 of the Sex
Offender Registration Act, and the | 10 | | remainder shall be
appropriated to the Sex Offender | 11 | | Management Board for planning and
research.
| 12 | | (4) The Board shall develop and prescribe a plan to | 13 | | research and analyze
the effectiveness of the evaluation, | 14 | | identification, and counseling procedures
and programs | 15 | | developed under this Act. The Board shall also develop and
| 16 | | prescribe a system for implementation of the guidelines and | 17 | | standards developed
under paragraph (2) of this subsection | 18 | | (f) and for tracking offenders who
have been subjected to | 19 | | evaluation, identification, and treatment
under
this Act. | 20 | | In addition, the Board shall develop a system for | 21 | | monitoring
offender behaviors and offender adherence to | 22 | | prescribed behavioral changes.
The results of the tracking | 23 | | and behavioral monitoring shall be a part of any
analysis | 24 | | made under this paragraph (4).
| 25 | | (g) The Board may promulgate rules as are necessary to | 26 | | carry
out the duties of the Board.
|
| | | SB0265 Engrossed | - 7 - | LRB097 04064 RLJ 44103 b |
|
| 1 | | (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.
| 5 | | (Source: P.A. 93-616, eff. 1-1-04.)
|
|