Illinois General Assembly - Full Text of SB0265
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Full Text of SB0265  97th General Assembly

SB0265enr 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 5. The Sex Offender Management Board Act is amended
5by 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,
9which shall consist of 20 24 members. The membership of the
10Board 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

 

 

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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

 

 

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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
12presiding officer for the Board from among the board members
13appointed under subsection (a) of this Section, which presiding
14officer shall serve at the pleasure of the Governor and the
15Attorney General.
16    (c) Each member of the Board shall demonstrate substantial
17expertise and experience in the field of sexual assault.
18    (d) (1) Any member of the Board created in subsection (a)
19of this Section who is appointed under paragraphs (1) through
20(7) of subsection (a) of this Section shall serve at the
21pleasure of the official who appointed that member, for a term
22of 5 years and may be reappointed. The members shall serve
23without additional compensation.
24    (2) Any member of the Board created in subsection (a) of
25this Section who is appointed under paragraphs (8) through (14)
26of subsection (a) of this Section shall serve for a term of 5

 

 

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1years and may be reappointed. However, the terms of the members
2appointed under paragraphs (8) of subsection (a) of this
3Section shall end on the effective date of this amendatory Act
4of the 97th General Assembly. Within 30 days after the
5effective date of this amendatory Act of the 97th General
6Assembly, the Attorney General shall appoint a member under
7paragraph (8) of subsection (a) of this Section to fill the
8vacancy created by this amendatory Act of the 97th General
9Assembly. A person who has previously served as a member of the
10Board may be reappointed. The terms of the President of the
11Illinois Polygraph Society or his or her designee, the
12President of the Illinois Chapter of the Association for the
13Treatment of Sexual Abusers or his or her designee, and the
14member representing the Illinois Principal Association end on
15the effective date of this amendatory Act of the 97th General
16Assembly. The members shall serve without compensation.
17    (3) The travel costs associated with membership on the
18Board created in subsection (a) of this Section will be
19reimbursed subject to availability of funds.
20    (e) The first meeting of this Board shall be held within 45
21days 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

 

 

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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

 

 

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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
26carry out the duties of the Board.

 

 

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1    (h) The Board and the individual members of the Board shall
2be immune from any liability, whether civil or criminal, for
3the good faith performance of the duties of the Board as
4specified in this Section.
5(Source: P.A. 93-616, eff. 1-1-04.)