Full Text of SB1600 98th General Assembly
SB1600ham001 98TH GENERAL ASSEMBLY | Rep. Ann Williams Filed: 10/21/2013
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| 1 | | AMENDMENT TO SENATE BILL 1600
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1600 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sex Offender Evaluation and Treatment | 5 | | Provider Act is amended by changing Sections 35 and 999 as | 6 | | follows: | 7 | | (225 ILCS 109/35)
| 8 | | Sec. 35. Qualifications for licensure. | 9 | | (a)(1) A person is qualified for licensure as a sex | 10 | | offender evaluator if that person: | 11 | | (A) has applied in writing on forms prepared and | 12 | | furnished by the Department; | 13 | | (B) has not engaged or is not engaged in any practice | 14 | | or conduct that would be grounds for disciplining a | 15 | | licensee under Section 75 of this Act; and | 16 | | (C) satisfies the licensure and experience |
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| 1 | | requirements of paragraph (2) of this subsection (a). | 2 | | (2) A person who applies to the Department shall be issued | 3 | | a sex offender evaluator license by the Department if the | 4 | | person meets the qualifications set forth in paragraph (1) of | 5 | | this subsection (a) and provides evidence to the Department | 6 | | that the person: | 7 | | (A) is a physician licensed to practice medicine in all | 8 | | of its branches under the Medical Practice Act of 1987 or | 9 | | licensed under the laws of another state; an advanced | 10 | | practice nurse with psychiatric specialty licensed under | 11 | | the Nurse Practice Act or licensed under the laws of | 12 | | another state; a clinical psychologist licensed under the | 13 | | Clinical Psychologist Licensing Act or licensed under the | 14 | | laws of another state; a licensed clinical social worker | 15 | | licensed under the Clinical Social Work and Social Work | 16 | | Practice Act or licensed under the laws of another state; a | 17 | | licensed clinical professional counselor licensed under | 18 | | the Professional Counselor and Clinical Professional | 19 | | Counselor Licensing Act or licensed under the laws of | 20 | | another state; or a licensed marriage and family therapist | 21 | | licensed under the Marriage and Family Therapist Licensing | 22 | | Act or licensed under the laws of another state; | 23 | | (B) has 400 hours of supervised experience in the | 24 | | treatment or evaluation of sex offenders in the last 4 | 25 | | years, at least 200 of which are face-to-face therapy or | 26 | | evaluation with sex offenders; |
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| 1 | | (C) has completed at least 10 sex offender evaluations | 2 | | under supervision in the past 4 years; and | 3 | | (D) has at least 40 hours of documented training in the | 4 | | specialty of sex offender evaluation, treatment, or | 5 | | management. | 6 | | Until January 1, 2015, the requirements of subparagraphs | 7 | | (B) and (D) of paragraph (2) of this subsection (a) are | 8 | | satisfied if the applicant has been listed on the Sex Offender | 9 | | Management Board's Approved Provider List for a minimum of 2 | 10 | | years before application for licensure. Until January 1, 2015, | 11 | | the requirements of subparagraph (C) of paragraph (2) of this | 12 | | subsection (a) are satisfied if the applicant has completed at | 13 | | least 10 sex offender evaluations within the 4 years before | 14 | | application for licensure. | 15 | | (b)(1) A person is qualified for licensure as a sex | 16 | | offender treatment provider if that person: | 17 | | (A) has applied in writing on forms prepared and | 18 | | furnished by the Department; | 19 | | (B) has not engaged or is not engaged in any practice | 20 | | or conduct that would be grounds for disciplining a | 21 | | licensee under Section 75 of this Act; and | 22 | | (C) satisfies the licensure and experience | 23 | | requirements of paragraph (2) of this subsection (b). | 24 | | (2) A person who applies to the Department shall be issued | 25 | | a sex offender treatment provider license by the Department if | 26 | | the person meets the qualifications set forth in paragraph (1) |
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| 1 | | of this subsection (b) and provides evidence to the Department | 2 | | that the person: | 3 | | (A) is a physician licensed to practice medicine in all | 4 | | of its branches under the Medical Practice Act of 1987 or | 5 | | licensed under the laws of another state; an advanced | 6 | | practice nurse with psychiatric specialty licensed under | 7 | | the Nurse Practice Act or licensed under the laws of | 8 | | another state; a clinical psychologist licensed under the | 9 | | Clinical Psychologist Licensing Act or licensed under the | 10 | | laws of another state; a licensed clinical social worker | 11 | | licensed under the Clinical Social Work and Social Work | 12 | | Practice Act or licensed under the laws of another state; a | 13 | | licensed clinical professional counselor licensed under | 14 | | the Professional Counselor and Clinical Professional | 15 | | Counselor Licensing Act or licensed under the laws of | 16 | | another state; or a licensed marriage and family therapist | 17 | | licensed under the Marriage and Family Therapist Licensing | 18 | | Act or licensed under the laws of another state; | 19 | | (B) has 400 hours of supervised experience in the | 20 | | treatment of sex offenders in the last 4 years, at least | 21 | | 200 of which are face-to-face therapy with sex offenders; | 22 | | and | 23 | | (C) has at least 40 hours documented training in the | 24 | | specialty of sex offender evaluation, treatment, or | 25 | | management. | 26 | | Until January 1, 2015, the requirements of subparagraphs |
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| 1 | | (B) and (C) of paragraph (2) of this subsection (b) are | 2 | | satisfied if the applicant has been listed on the Sex Offender | 3 | | Management Board's Approved Provider List for a minimum of 2 | 4 | | years before application. | 5 | | (c)(1) A person is qualified for licensure as an associate | 6 | | sex offender provider if that person: | 7 | | (A) has applied in writing on forms prepared and | 8 | | furnished by the Department; | 9 | | (B) has not engaged or is not engaged in any practice | 10 | | or conduct that would be grounds for disciplining a | 11 | | licensee under Section 75 of this Act; and | 12 | | (C) satisfies the education and experience | 13 | | requirements of paragraph (2) of this subsection (c).
| 14 | | (2) A person who applies to the Department shall be issued | 15 | | an associate sex offender provider license by the Department if | 16 | | the person meets the qualifications set forth in paragraph (1) | 17 | | of this subsection (c) and provides evidence to the Department | 18 | | that the person holds a master's degree or higher in social | 19 | | work, psychology, marriage and family therapy, counseling or | 20 | | closely related behavioral science degree, or psychiatry.
| 21 | | (Source: P.A. 97-1098, eff. 7-1-13 .) | 22 | | (225 ILCS 109/999)
| 23 | | Sec. 999. Effective date. This Act takes effect July 1, | 24 | | 2013, except that this Section, Section 175, Section 180, and | 25 | | the amendatory changes to Sections 2 and 3 of the Sex Offender |
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| 1 | | Registration Act take effect on January 1, 2013, the other | 2 | | amendatory changes to Section 3-5 of the Sex Offender | 3 | | Registration Act, the amendatory changes to the Sexually | 4 | | Dangerous Persons Act, and the amendatory changes to the | 5 | | Sexually Violent Persons Commitment Act take effect July | 6 | | January 1, 2014.
| 7 | | (Source: P.A. 97-1098, eff. 1-1-13.)
| 8 | | Section 10. The Sex Offender Registration Act is amended by | 9 | | changing Section 3 as follows: | 10 | | (730 ILCS 150/3) | 11 | | Sec. 3. Duty to register.
| 12 | | (a) A sex offender, as defined in Section 2 of this Act, or | 13 | | sexual
predator shall, within the time period
prescribed in | 14 | | subsections (b) and (c), register in person
and provide | 15 | | accurate information as required by the Department of State
| 16 | | Police. Such information shall include a current photograph,
| 17 | | current address,
current place of employment, the sex | 18 | | offender's or sexual predator's telephone number, including | 19 | | cellular telephone number, the employer's telephone number, | 20 | | school attended, all e-mail addresses, instant messaging | 21 | | identities, chat room identities, and other Internet | 22 | | communications identities that the sex offender uses or plans | 23 | | to use, all Uniform Resource Locators (URLs) registered or used | 24 | | by the sex offender, all blogs and other Internet sites |
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| 1 | | maintained by the sex offender or to which the sex offender has | 2 | | uploaded any content or posted any messages or information, | 3 | | extensions of the time period for registering as provided in | 4 | | this Article and, if an extension was granted, the reason why | 5 | | the extension was granted and the date the sex offender was | 6 | | notified of the extension. The information shall also include a | 7 | | copy of the terms and conditions of parole or release signed by | 8 | | the sex offender and given to the sex offender by his or her | 9 | | supervising officer or aftercare specialist, the county of | 10 | | conviction, license plate numbers for every vehicle registered | 11 | | in the name of the sex offender, the age of the sex offender at | 12 | | the time of the commission of the offense, the age of the | 13 | | victim at the time of the commission of the offense, and any | 14 | | distinguishing marks located on the body of the sex offender. A | 15 | | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | 16 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012 shall provide all Internet protocol (IP) addresses | 18 | | in his or her residence, registered in his or her name, | 19 | | accessible at his or her place of employment, or otherwise | 20 | | under his or her control or custody. If the sex offender is a | 21 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of | 22 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | 23 | | offender shall report to the registering agency whether he or | 24 | | she is living in a household with a child under 18 years of age | 25 | | who is not his or her own child, provided that his or her own | 26 | | child is not the victim of the sex offense. The sex offender or
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| 1 | | sexual predator shall register:
| 2 | | (1) with the chief of police in the municipality in | 3 | | which he or she
resides or is temporarily domiciled for a | 4 | | period of time of 3 or more
days, unless the
municipality | 5 | | is the City of Chicago, in which case he or she shall | 6 | | register
at the Chicago Police Department Headquarters; or
| 7 | | (2) with the sheriff in the county in which
he or she | 8 | | resides or is
temporarily domiciled
for a period of time of | 9 | | 3 or more days in an unincorporated
area or, if | 10 | | incorporated, no police chief exists.
| 11 | | If the sex offender or sexual predator is employed at or | 12 | | attends an institution of higher education, he or she shall | 13 | | also register:
| 14 | | (i) with: | 15 | | (A) the chief of police in the municipality in | 16 | | which he or she is employed at or attends an | 17 | | institution of higher education, unless the | 18 | | municipality is the City of Chicago, in which case he | 19 | | or she shall register at the Chicago Police Department | 20 | | Headquarters; or | 21 | | (B) the sheriff in the county in which he or she is | 22 | | employed or attends an institution of higher education | 23 | | located in an unincorporated area, or if incorporated, | 24 | | no police chief exists; and
| 25 | | (ii) with the public safety or security director of the | 26 | | institution of higher education which he or she is employed |
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| 1 | | at or attends.
| 2 | | The registration fees shall only apply to the municipality | 3 | | or county of primary registration, and not to campus | 4 | | registration. | 5 | | For purposes of this Article, the place of residence or | 6 | | temporary
domicile is defined as any and all places where the | 7 | | sex offender resides
for an aggregate period of time of 3 or | 8 | | more days during any calendar year.
Any person required to | 9 | | register under this Article who lacks a fixed address or | 10 | | temporary domicile must notify, in person, the agency of | 11 | | jurisdiction of his or her last known address within 3 days | 12 | | after ceasing to have a fixed residence. | 13 | | A sex offender or sexual predator who is temporarily absent | 14 | | from his or her current address of registration for 3 or more | 15 | | days shall notify the law enforcement agency having | 16 | | jurisdiction of his or her current registration, including the | 17 | | itinerary for travel, in the manner provided in Section 6 of | 18 | | this Act for notification to the law enforcement agency having | 19 | | jurisdiction of change of address. | 20 | | Any person who lacks a fixed residence must report weekly, | 21 | | in person, with the sheriff's office of the county in which he | 22 | | or she is located in an unincorporated area, or with the chief | 23 | | of police in the municipality in which he or she is located. | 24 | | The agency of jurisdiction will document each weekly | 25 | | registration to include all the locations where the person has | 26 | | stayed during the past 7 days.
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| 1 | | The sex offender or sexual predator shall provide accurate | 2 | | information
as required by the Department of State Police. That | 3 | | information shall include
the sex offender's or sexual | 4 | | predator's current place of employment.
| 5 | | (a-5) An out-of-state student or out-of-state employee | 6 | | shall,
within 3 days after beginning school or employment in | 7 | | this State,
register in person and provide accurate information | 8 | | as required by the
Department of State Police. Such information | 9 | | will include current place of
employment, school attended, and | 10 | | address in state of residence. A sex offender convicted under | 11 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 13 | | provide all Internet protocol (IP) addresses in his or her | 14 | | residence, registered in his or her name, accessible at his or | 15 | | her place of employment, or otherwise under his or her control | 16 | | or custody. The out-of-state student or out-of-state employee | 17 | | shall register:
| 18 | | (1) with: | 19 | | (A) the chief of police in the municipality in | 20 | | which he or she attends school or is employed for a | 21 | | period of time of 5
or more days or for an
aggregate | 22 | | period of time of more than 30 days during any
calendar | 23 | | year, unless the
municipality is the City of Chicago, | 24 | | in which case he or she shall register at
the Chicago | 25 | | Police Department Headquarters; or
| 26 | | (B) the sheriff in the county in which
he or she |
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| 1 | | attends school or is
employed for a period of time of 5 | 2 | | or more days or
for an aggregate period of
time of more | 3 | | than 30 days during any calendar year in an
| 4 | | unincorporated area
or, if incorporated, no police | 5 | | chief exists; and | 6 | | (2) with the public safety or security director of the | 7 | | institution of higher education he or she is employed at or | 8 | | attends for a period of time of 5 or more days or for an | 9 | | aggregate period of time of more than 30 days during a | 10 | | calendar year. | 11 | | The registration fees shall only apply to the municipality | 12 | | or county of primary registration, and not to campus | 13 | | registration. | 14 | | The out-of-state student or out-of-state employee shall | 15 | | provide accurate
information as required by the Department of | 16 | | State Police. That information
shall include the out-of-state | 17 | | student's current place of school attendance or
the | 18 | | out-of-state employee's current place of employment.
| 19 | | (a-10) Any law enforcement agency registering sex | 20 | | offenders or sexual predators in accordance with subsections | 21 | | (a) or (a-5) of this Section shall forward to the Attorney | 22 | | General a copy of sex offender registration forms from persons | 23 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 24 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, including periodic and annual registrations under | 26 | | Section 6 of this Act. |
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| 1 | | (b) Any sex offender, as defined in Section 2 of this Act, | 2 | | or sexual
predator, regardless of any initial,
prior, or other | 3 | | registration, shall, within 3 days of beginning school,
or | 4 | | establishing a
residence, place of employment, or temporary | 5 | | domicile in
any county, register in person as set forth in | 6 | | subsection (a)
or (a-5).
| 7 | | (c) The registration for any person required to register | 8 | | under this
Article shall be as follows:
| 9 | | (1) Any person registered under the Habitual Child Sex | 10 | | Offender
Registration Act or the Child Sex Offender | 11 | | Registration Act prior to January
1, 1996, shall be deemed | 12 | | initially registered as of January 1, 1996; however,
this | 13 | | shall not be construed to extend the duration of | 14 | | registration set forth
in Section 7.
| 15 | | (2) Except as provided in subsection (c)(2.1) or | 16 | | (c)(4), any person convicted or
adjudicated prior to | 17 | | January 1, 1996, whose liability for registration under
| 18 | | Section 7 has not expired, shall register in person prior | 19 | | to January 31,
1996.
| 20 | | (2.1) A sex offender or sexual predator, who has never | 21 | | previously been required to register under this Act, has a | 22 | | duty to register if the person has been convicted of any | 23 | | felony offense after July 1, 2011. A person who previously | 24 | | was required to register under this Act for a period of 10 | 25 | | years and successfully completed that registration period | 26 | | has a duty to register if: (i) the person has been |
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| 1 | | convicted of any felony offense after July 1, 2011, and | 2 | | (ii) the offense for which the 10 year registration was | 3 | | served currently requires a registration period of more | 4 | | than 10 years. Notification of an offender's duty to | 5 | | register under this subsection shall be pursuant to Section | 6 | | 5-7 of this Act. | 7 | | (2.5) Except as provided in subsection (c)(4), any | 8 | | person who has not
been notified of his or her | 9 | | responsibility to register shall be notified by a
criminal | 10 | | justice entity of his or her responsibility to register. | 11 | | Upon
notification the person must then register within 3 | 12 | | days of notification of
his or her requirement to register. | 13 | | Except as provided in subsection (c)(2.1), if notification | 14 | | is not made within the
offender's 10 year registration | 15 | | requirement, and the Department of State
Police determines | 16 | | no evidence exists or indicates the offender attempted to
| 17 | | avoid registration, the offender will no longer be required | 18 | | to register under
this Act.
| 19 | | (3) Except as provided in subsection (c)(4), any person | 20 | | convicted on
or after January 1, 1996, shall register in | 21 | | person within 3 days after the
entry of the sentencing | 22 | | order based upon his or her conviction.
| 23 | | (4) Any person unable to comply with the registration | 24 | | requirements of
this Article because he or she is confined, | 25 | | institutionalized,
or imprisoned in Illinois on or after | 26 | | January 1, 1996, shall register in person
within 3 days of |
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| 1 | | discharge, parole or release.
| 2 | | (5) The person shall provide positive identification | 3 | | and documentation
that substantiates proof of residence at | 4 | | the registering address.
| 5 | | (6) The person shall pay a $100
initial registration | 6 | | fee and
a $100
annual
renewal fee to the registering law | 7 | | enforcement agency having jurisdiction . The fees shall be | 8 | | used by the registering agency for official
purposes. The | 9 | | agency shall establish procedures to document receipt and | 10 | | use
of the funds.
The registering agency law enforcement | 11 | | agency having jurisdiction may waive the registration fee
| 12 | | if it determines that the person is indigent and unable to | 13 | | pay the registration
fee. Thirty-five
dollars for the | 14 | | initial registration fee and $35 of the annual renewal fee
| 15 | | shall be retained and used by the registering agency for | 16 | | official purposes. Having retained $35 of the initial | 17 | | registration fee and $35 of the annual renewal fee, the | 18 | | registering agency shall remit the remainder of the fee to | 19 | | State agencies within 30 days of receipt for deposit into | 20 | | the State funds as follows: | 21 | | (A) Five dollars of
the initial registration fee | 22 | | and $5 of the annual fee shall be remitted to the State | 23 | | Treasurer who shall deposit the moneys deposited into
| 24 | | the Sex Offender Management Board Fund under Section 19 | 25 | | of the Sex Offender
Management Board Act. Money | 26 | | deposited into the Sex Offender Management Board
Fund |
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| 1 | | shall be administered by the Sex Offender Management | 2 | | Board and shall be
used by the Board to comply with the | 3 | | provisions of the Sex Offender Management Board Act. | 4 | | (B)
Thirty dollars of the initial registration fee | 5 | | and $30 of the annual renewal fee shall be remitted to | 6 | | the Department of State Police which shall deposit the | 7 | | moneys deposited into the Sex Offender Registration | 8 | | Fund and shall be used by the Department of State | 9 | | Police to maintain and update the Illinois State Police | 10 | | Sex Offender Registry. | 11 | | (C) Thirty dollars of the initial registration fee | 12 | | and $30 of the annual renewal fee shall be remitted to | 13 | | the Attorney General who shall deposit the moneys | 14 | | deposited into the Attorney General Sex Offender | 15 | | Awareness, Training, and Education Fund. Moneys | 16 | | deposited into the Fund shall be used by the Attorney | 17 | | General to administer the I-SORT program and to alert | 18 | | and educate the public, victims, and witnesses of their | 19 | | rights under various victim notification laws and for | 20 | | training law enforcement agencies, State's Attorneys, | 21 | | and medical providers of their legal duties concerning | 22 | | the prosecution and investigation of sex offenses. | 23 | | The registering agency shall establish procedures to | 24 | | document the receipt and remittance of the $100 initial | 25 | | registration fee and $100 annual renewal fee. | 26 | | (d) Within 3 days after obtaining or changing employment |
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| 1 | | and, if employed
on January 1, 2000, within 5 days after that | 2 | | date, a person required to
register under this Section must | 3 | | report, in person to the law
enforcement agency having | 4 | | jurisdiction, the business name and address where he
or she is | 5 | | employed. If the person has multiple businesses or work | 6 | | locations,
every business and work location must be reported to | 7 | | the law enforcement agency
having jurisdiction.
| 8 | | (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, | 9 | | eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; | 10 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act. | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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