Full Text of SB0265 97th General Assembly
SB0265sam001 97TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 265
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sex Offender Management Board Act is | 5 | | amended 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 ;
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| 1 | | (3) One member appointed by the Governor representing | 2 | | the Department of
Corrections;
| 3 | | (4) One member appointed by the Governor representing | 4 | | the Department of
Human Services;
| 5 | | (5) One member appointed by the Governor representing | 6 | | the Illinois State
Police;
| 7 | | (6) One member appointed by the Governor representing | 8 | | the Department of
Children and Family Services;
| 9 | | (7) One member appointed by the Attorney General | 10 | | representing the Office
of the Attorney General;
| 11 | | (8) One member Two members appointed by the Attorney | 12 | | General who is a are licensed mental
health professional | 13 | | professionals with documented expertise in the treatment | 14 | | of sex
offenders;
| 15 | | (9) Two members appointed by the Attorney General who | 16 | | are State's
Attorneys or assistant State's Attorneys, one | 17 | | representing juvenile court
matters and one representing | 18 | | felony court matters;
| 19 | | (10) One member being the Cook County State's Attorney | 20 | | or his or her
designee;
| 21 | | (11) One member being the Director of the State's | 22 | | Attorneys Appellate
Prosecutor or his or her designee;
| 23 | | (12) One member being the Cook County Public Defender | 24 | | or his or her
designee;
| 25 | | (13) Two members appointed by the Governor who are | 26 | | representatives
of law enforcement, one juvenile officer |
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| 1 | | and one sex crime investigator;
| 2 | | (14) Two members appointed by the Attorney General who | 3 | | are recognized
experts in the field of sexual assault and | 4 | | who can represent sexual assault
victims and victims' | 5 | | rights organizations;
| 6 | | (15) One member being the State Appellate Defender or | 7 | | his or her
designee;
and
| 8 | | (16) One member being the President of the Illinois | 9 | | Polygraph Society or
his or her designee;
| 10 | | (16) (17) One member being the Executive Director of | 11 | | the Criminal Justice
Information Authority or his or her | 12 | | designee . ;
| 13 | | (18) One member being the President of the Illinois | 14 | | Chapter of the
Association for the Treatment of Sexual | 15 | | Abusers or his or her designee; and
| 16 | | (19) One member representing the Illinois Principal | 17 | | Association.
| 18 | | (b) The Governor and the Attorney General shall appoint a | 19 | | presiding officer
for the Board
from among the board members | 20 | | appointed under subsection (a) of this
Section, which presiding | 21 | | officer shall serve at the pleasure of the Governor
and the | 22 | | Attorney
General.
| 23 | | (c) Each member of the Board shall demonstrate substantial | 24 | | expertise and
experience in the field of sexual assault.
| 25 | | (d) (1) Any member of the Board created in subsection (a) | 26 | | of this Section
who is appointed under paragraphs (1) through |
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| 1 | | (7) of subsection (a) of
this
Section shall serve at the | 2 | | pleasure of the official who appointed that member,
for a term | 3 | | of 5 years and may be reappointed. The members shall serve
| 4 | | without additional compensation.
| 5 | | (2) Any member of the Board created in subsection (a) of | 6 | | this Section who
is appointed under paragraphs (8) through (14) | 7 | | of subsection (a) of this
Section shall serve for a term of 5 | 8 | | years and may be reappointed. However, the terms of the members | 9 | | appointed under paragraphs (8) of subsection (a) of this | 10 | | Section shall end on the effective date of this amendatory Act | 11 | | of the 97th General Assembly. Within 30 days after the | 12 | | effective date of this amendatory Act of the 97th General | 13 | | Assembly, the Attorney General shall appoint a member under | 14 | | paragraph (8) of subsection (a) of this Section to fill the | 15 | | vacancy created by this amendatory Act of the 97th General | 16 | | Assembly. A person who has previously served as a member of the | 17 | | Board may be reappointed. The terms of the President of the | 18 | | Illinois Polygraph Society or
his or her designee, the | 19 | | President of the Illinois Chapter of the
Association for the | 20 | | Treatment of Sexual Abusers or his or her designee, and the | 21 | | member representing the Illinois Principal Association end on | 22 | | the effective date of this amendatory Act of the 97th General | 23 | | Assembly. The members
shall serve without
compensation.
| 24 | | (3) The travel costs associated with membership on the | 25 | | Board created in
subsection (a) of this Section will be | 26 | | reimbursed subject to availability of
funds.
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| 1 | | (e) The first meeting of this Board shall be held within 45 | 2 | | days of the
effective date of this Act.
| 3 | | (f) The Board shall carry out the following duties:
| 4 | | (1) Not later than December 31, 2001,
the
Board shall | 5 | | develop and prescribe separate standardized procedures for | 6 | | the
evaluation and identification of the offender and | 7 | | recommend behavior
management,
monitoring, and treatment
| 8 | | based upon the knowledge that sex
offenders are
extremely | 9 | | habituated and that there is no known cure for the | 10 | | propensity to
commit sex abuse. The Board shall develop and | 11 | | implement measures of success
based upon a no-cure policy | 12 | | for intervention. The Board shall develop and
implement | 13 | | methods of intervention for sex offenders which have as a | 14 | | priority
the physical and psychological safety of victims | 15 | | and potential
victims and which are appropriate to the | 16 | | needs of the particular offender, so
long as there is no | 17 | | reduction of the safety of victims and potential victims.
| 18 | | (2) Not later than December 31, 2001, the Board
shall | 19 | | develop separate guidelines and standards for a system of | 20 | | programs for
the evaluation and treatment
of both juvenile | 21 | | and adult sex
offenders which shall
be utilized
by | 22 | | offenders who are placed on probation, committed to the | 23 | | Department of
Corrections or Department of Human Services, | 24 | | or placed on mandatory
supervised release or parole. The | 25 | | programs
developed under this paragraph (f) shall be as | 26 | | flexible as possible so
that the programs may be utilized |
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| 1 | | by each offender to prevent the offender
from harming | 2 | | victims and potential victims. The programs shall be | 3 | | structured
in such a manner that the programs provide a | 4 | | continuing monitoring process as
well as a continuum of | 5 | | counseling programs for each offender as that offender
| 6 | | proceeds through the justice system. Also, the programs | 7 | | shall
be developed in such a manner that, to the extent | 8 | | possible, the programs may be
accessed by all offenders in | 9 | | the justice system.
| 10 | | (3) There is established the Sex Offender Management | 11 | | Board Fund in the
State Treasury into which funds received | 12 | | under any provision of law or from
public or private | 13 | | sources
shall be deposited, and from which funds
shall be | 14 | | appropriated for the purposes set forth in Section 19 of | 15 | | this Act,
Section 5-6-3 of the Unified Code of Corrections, | 16 | | and Section 3 of the Sex
Offender Registration Act, and the | 17 | | remainder shall be
appropriated to the Sex Offender | 18 | | Management Board for planning and
research.
| 19 | | (4) The Board shall develop and prescribe a plan to | 20 | | research and analyze
the effectiveness of the evaluation, | 21 | | identification, and counseling procedures
and programs | 22 | | developed under this Act. The Board shall also develop and
| 23 | | prescribe a system for implementation of the guidelines and | 24 | | standards developed
under paragraph (2) of this subsection | 25 | | (f) and for tracking offenders who
have been subjected to | 26 | | evaluation, identification, and treatment
under
this Act. |
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| 1 | | In addition, the Board shall develop a system for | 2 | | monitoring
offender behaviors and offender adherence to | 3 | | prescribed behavioral changes.
The results of the tracking | 4 | | and behavioral monitoring shall be a part of any
analysis | 5 | | made under this paragraph (4).
| 6 | | (g) The Board may promulgate rules as are necessary to | 7 | | carry
out the duties of the Board.
| 8 | | (h) The Board and the individual members of the Board shall | 9 | | be immune from
any liability, whether civil or criminal, for | 10 | | the good faith performance of
the duties of the Board as | 11 | | specified in this Section.
| 12 | | (Source: P.A. 93-616, eff. 1-1-04.)".
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