Full Text of SB1600 98th General Assembly
SB1600enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | requirements of paragraph (2) of this subsection (a). | 18 | | (2) A person who applies to the Department shall be issued | 19 | | a sex offender evaluator license by the Department if the | 20 | | person meets the qualifications set forth in paragraph (1) of | 21 | | this subsection (a) and provides evidence to the Department | 22 | | that the person: | 23 | | (A) is a physician licensed to practice medicine in all |
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| 1 | | of its branches under the Medical Practice Act of 1987 or | 2 | | licensed under the laws of another state; an advanced | 3 | | practice nurse with psychiatric specialty licensed under | 4 | | the Nurse Practice Act or licensed under the laws of | 5 | | another state; a clinical psychologist licensed under the | 6 | | Clinical Psychologist Licensing Act or licensed under the | 7 | | laws of another state; a licensed clinical social worker | 8 | | licensed under the Clinical Social Work and Social Work | 9 | | Practice Act or licensed under the laws of another state; a | 10 | | licensed clinical professional counselor licensed under | 11 | | the Professional Counselor and Clinical Professional | 12 | | Counselor Licensing Act or licensed under the laws of | 13 | | another state; or a licensed marriage and family therapist | 14 | | licensed under the Marriage and Family Therapist Licensing | 15 | | Act or licensed under the laws of another state; | 16 | | (B) has 400 hours of supervised experience in the | 17 | | treatment or evaluation of sex offenders in the last 4 | 18 | | years, at least 200 of which are face-to-face therapy or | 19 | | evaluation with sex offenders; | 20 | | (C) has completed at least 10 sex offender evaluations | 21 | | under supervision in the past 4 years; and | 22 | | (D) has at least 40 hours of documented training in the | 23 | | specialty of sex offender evaluation, treatment, or | 24 | | management. | 25 | | Until January 1, 2015, the requirements of subparagraphs | 26 | | (B) and (D) of paragraph (2) of this subsection (a) are |
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| 1 | | satisfied if the applicant has been listed on the Sex Offender | 2 | | Management Board's Approved Provider List for a minimum of 2 | 3 | | years before application for licensure. Until January 1, 2015, | 4 | | the requirements of subparagraph (C) of paragraph (2) of this | 5 | | subsection (a) are satisfied if the applicant has completed at | 6 | | least 10 sex offender evaluations within the 4 years before | 7 | | application for licensure. | 8 | | (b)(1) A person is qualified for licensure as a sex | 9 | | offender treatment provider if that person: | 10 | | (A) has applied in writing on forms prepared and | 11 | | furnished by the Department; | 12 | | (B) has not engaged or is not engaged in any practice | 13 | | or conduct that would be grounds for disciplining a | 14 | | licensee under Section 75 of this Act; and | 15 | | (C) satisfies the licensure and experience | 16 | | requirements of paragraph (2) of this subsection (b). | 17 | | (2) A person who applies to the Department shall be issued | 18 | | a sex offender treatment provider license by the Department if | 19 | | the person meets the qualifications set forth in paragraph (1) | 20 | | of this subsection (b) and provides evidence to the Department | 21 | | that the person: | 22 | | (A) is a physician licensed to practice medicine in all | 23 | | of its branches under the Medical Practice Act of 1987 or | 24 | | licensed under the laws of another state; an advanced | 25 | | practice nurse with psychiatric specialty licensed under | 26 | | the Nurse Practice Act or licensed under the laws of |
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| 1 | | another state; a clinical psychologist licensed under the | 2 | | Clinical Psychologist Licensing Act or licensed under the | 3 | | laws of another state; a licensed clinical social worker | 4 | | licensed under the Clinical Social Work and Social Work | 5 | | Practice Act or licensed under the laws of another state; a | 6 | | licensed clinical professional counselor licensed under | 7 | | the Professional Counselor and Clinical Professional | 8 | | Counselor Licensing Act or licensed under the laws of | 9 | | another state; or a licensed marriage and family therapist | 10 | | licensed under the Marriage and Family Therapist Licensing | 11 | | Act or licensed under the laws of another state; | 12 | | (B) has 400 hours of supervised experience in the | 13 | | treatment of sex offenders in the last 4 years, at least | 14 | | 200 of which are face-to-face therapy with sex offenders; | 15 | | and | 16 | | (C) has at least 40 hours documented training in the | 17 | | specialty of sex offender evaluation, treatment, or | 18 | | management. | 19 | | Until January 1, 2015, the requirements of subparagraphs | 20 | | (B) and (C) of paragraph (2) of this subsection (b) are | 21 | | satisfied if the applicant has been listed on the Sex Offender | 22 | | Management Board's Approved Provider List for a minimum of 2 | 23 | | years before application. | 24 | | (c)(1) A person is qualified for licensure as an associate | 25 | | sex offender provider if that person: | 26 | | (A) has applied in writing on forms prepared and |
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| 1 | | furnished by the Department; | 2 | | (B) has not engaged or is not engaged in any practice | 3 | | or conduct that would be grounds for disciplining a | 4 | | licensee under Section 75 of this Act; and | 5 | | (C) satisfies the education and experience | 6 | | requirements of paragraph (2) of this subsection (c).
| 7 | | (2) A person who applies to the Department shall be issued | 8 | | an associate sex offender provider license by the Department if | 9 | | the person meets the qualifications set forth in paragraph (1) | 10 | | of this subsection (c) and provides evidence to the Department | 11 | | that the person holds a master's degree or higher in social | 12 | | work, psychology, marriage and family therapy, counseling or | 13 | | closely related behavioral science degree, or psychiatry.
| 14 | | (Source: P.A. 97-1098, eff. 7-1-13 .) | 15 | | (225 ILCS 109/999)
| 16 | | Sec. 999. Effective date. This Act takes effect July 1, | 17 | | 2013, except that this Section, Section 175, Section 180, and | 18 | | the amendatory changes to Sections 2 and 3 of the Sex Offender | 19 | | Registration Act take effect on January 1, 2013, the other | 20 | | amendatory changes to Section 3-5 of the Sex Offender | 21 | | Registration Act, the amendatory changes to the Sexually | 22 | | Dangerous Persons Act, and the amendatory changes to the | 23 | | Sexually Violent Persons Commitment Act take effect July | 24 | | January 1, 2014.
| 25 | | (Source: P.A. 97-1098, eff. 1-1-13.) |
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| 1 | | Section 10. The Sex Offender Registration Act is amended by | 2 | | changing Section 3 as follows: | 3 | | (730 ILCS 150/3) | 4 | | Sec. 3. Duty to register.
| 5 | | (a) A sex offender, as defined in Section 2 of this Act, or | 6 | | sexual
predator shall, within the time period
prescribed in | 7 | | subsections (b) and (c), register in person
and provide | 8 | | accurate information as required by the Department of State
| 9 | | Police. Such information shall include a current photograph,
| 10 | | current address,
current place of employment, the sex | 11 | | offender's or sexual predator's telephone number, including | 12 | | cellular telephone number, the employer's telephone number, | 13 | | school attended, all e-mail addresses, instant messaging | 14 | | identities, chat room identities, and other Internet | 15 | | communications identities that the sex offender uses or plans | 16 | | to use, all Uniform Resource Locators (URLs) registered or used | 17 | | by the sex offender, all blogs and other Internet sites | 18 | | maintained by the sex offender or to which the sex offender has | 19 | | uploaded any content or posted any messages or information, | 20 | | extensions of the time period for registering as provided in | 21 | | this Article and, if an extension was granted, the reason why | 22 | | the extension was granted and the date the sex offender was | 23 | | notified of the extension. The information shall also include a | 24 | | copy of the terms and conditions of parole or release signed by |
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| 1 | | the sex offender and given to the sex offender by his or her | 2 | | supervising officer or aftercare specialist, the county of | 3 | | conviction, license plate numbers for every vehicle registered | 4 | | in the name of the sex offender, the age of the sex offender at | 5 | | the time of the commission of the offense, the age of the | 6 | | victim at the time of the commission of the offense, and any | 7 | | distinguishing marks located on the body of the sex offender. A | 8 | | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | 9 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012 shall provide all Internet protocol (IP) addresses | 11 | | in his or her residence, registered in his or her name, | 12 | | accessible at his or her place of employment, or otherwise | 13 | | under his or her control or custody. If the sex offender is a | 14 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of | 15 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | 16 | | offender shall report to the registering agency whether he or | 17 | | she is living in a household with a child under 18 years of age | 18 | | who is not his or her own child, provided that his or her own | 19 | | child is not the victim of the sex offense. The sex offender or
| 20 | | sexual predator shall register:
| 21 | | (1) with the chief of police in the municipality in | 22 | | which he or she
resides or is temporarily domiciled for a | 23 | | period of time of 3 or more
days, unless the
municipality | 24 | | is the City of Chicago, in which case he or she shall | 25 | | register
at the Chicago Police Department Headquarters; or
| 26 | | (2) with the sheriff in the county in which
he or she |
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| 1 | | resides or is
temporarily domiciled
for a period of time of | 2 | | 3 or more days in an unincorporated
area or, if | 3 | | incorporated, no police chief exists.
| 4 | | If the sex offender or sexual predator is employed at or | 5 | | attends an institution of higher education, he or she shall | 6 | | also register:
| 7 | | (i) with: | 8 | | (A) the chief of police in the municipality in | 9 | | which he or she is employed at or attends an | 10 | | institution of higher education, unless the | 11 | | municipality is the City of Chicago, in which case he | 12 | | or she shall register at the Chicago Police Department | 13 | | Headquarters; or | 14 | | (B) the sheriff in the county in which he or she is | 15 | | employed or attends an institution of higher education | 16 | | located in an unincorporated area, or if incorporated, | 17 | | no police chief exists; and
| 18 | | (ii) with the public safety or security director of the | 19 | | institution of higher education which he or she is employed | 20 | | at or attends.
| 21 | | The registration fees shall only apply to the municipality | 22 | | or county of primary registration, and not to campus | 23 | | registration. | 24 | | For purposes of this Article, the place of residence or | 25 | | temporary
domicile is defined as any and all places where the | 26 | | sex offender resides
for an aggregate period of time of 3 or |
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| 1 | | more days during any calendar year.
Any person required to | 2 | | register under this Article who lacks a fixed address or | 3 | | temporary domicile must notify, in person, the agency of | 4 | | jurisdiction of his or her last known address within 3 days | 5 | | after ceasing to have a fixed residence. | 6 | | A sex offender or sexual predator who is temporarily absent | 7 | | from his or her current address of registration for 3 or more | 8 | | days shall notify the law enforcement agency having | 9 | | jurisdiction of his or her current registration, including the | 10 | | itinerary for travel, in the manner provided in Section 6 of | 11 | | this Act for notification to the law enforcement agency having | 12 | | jurisdiction of change of address. | 13 | | Any person who lacks a fixed residence must report weekly, | 14 | | in person, with the sheriff's office of the county in which he | 15 | | or she is located in an unincorporated area, or with the chief | 16 | | of police in the municipality in which he or she is located. | 17 | | The agency of jurisdiction will document each weekly | 18 | | registration to include all the locations where the person has | 19 | | stayed during the past 7 days.
| 20 | | The sex offender or sexual predator shall provide accurate | 21 | | information
as required by the Department of State Police. That | 22 | | information shall include
the sex offender's or sexual | 23 | | predator's current place of employment.
| 24 | | (a-5) An out-of-state student or out-of-state employee | 25 | | shall,
within 3 days after beginning school or employment in | 26 | | this State,
register in person and provide accurate information |
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| 1 | | as required by the
Department of State Police. Such information | 2 | | will include current place of
employment, school attended, and | 3 | | address in state of residence. A sex offender convicted under | 4 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 6 | | provide all Internet protocol (IP) addresses in his or her | 7 | | residence, registered in his or her name, accessible at his or | 8 | | her place of employment, or otherwise under his or her control | 9 | | or custody. The out-of-state student or out-of-state employee | 10 | | shall register:
| 11 | | (1) with: | 12 | | (A) the chief of police in the municipality in | 13 | | which he or she attends school or is employed for a | 14 | | period of time of 5
or more days or for an
aggregate | 15 | | period of time of more than 30 days during any
calendar | 16 | | year, unless the
municipality is the City of Chicago, | 17 | | in which case he or she shall register at
the Chicago | 18 | | Police Department Headquarters; or
| 19 | | (B) the sheriff in the county in which
he or she | 20 | | attends school or is
employed for a period of time of 5 | 21 | | or more days or
for an aggregate period of
time of more | 22 | | than 30 days during any calendar year in an
| 23 | | unincorporated area
or, if incorporated, no police | 24 | | chief exists; and | 25 | | (2) with the public safety or security director of the | 26 | | institution of higher education he or she is employed at or |
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| 1 | | attends for a period of time of 5 or more days or for an | 2 | | aggregate period of time of more than 30 days during a | 3 | | calendar year. | 4 | | The registration fees shall only apply to the municipality | 5 | | or county of primary registration, and not to campus | 6 | | registration. | 7 | | The out-of-state student or out-of-state employee shall | 8 | | provide accurate
information as required by the Department of | 9 | | State Police. That information
shall include the out-of-state | 10 | | student's current place of school attendance or
the | 11 | | out-of-state employee's current place of employment.
| 12 | | (a-10) Any law enforcement agency registering sex | 13 | | offenders or sexual predators in accordance with subsections | 14 | | (a) or (a-5) of this Section shall forward to the Attorney | 15 | | General a copy of sex offender registration forms from persons | 16 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 17 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 18 | | 2012, including periodic and annual registrations under | 19 | | Section 6 of this Act. | 20 | | (b) Any sex offender, as defined in Section 2 of this Act, | 21 | | or sexual
predator, regardless of any initial,
prior, or other | 22 | | registration, shall, within 3 days of beginning school,
or | 23 | | establishing a
residence, place of employment, or temporary | 24 | | domicile in
any county, register in person as set forth in | 25 | | subsection (a)
or (a-5).
| 26 | | (c) The registration for any person required to register |
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| 1 | | under this
Article shall be as follows:
| 2 | | (1) Any person registered under the Habitual Child Sex | 3 | | Offender
Registration Act or the Child Sex Offender | 4 | | Registration Act prior to January
1, 1996, shall be deemed | 5 | | initially registered as of January 1, 1996; however,
this | 6 | | shall not be construed to extend the duration of | 7 | | registration set forth
in Section 7.
| 8 | | (2) Except as provided in subsection (c)(2.1) or | 9 | | (c)(4), any person convicted or
adjudicated prior to | 10 | | January 1, 1996, whose liability for registration under
| 11 | | Section 7 has not expired, shall register in person prior | 12 | | to January 31,
1996.
| 13 | | (2.1) A sex offender or sexual predator, who has never | 14 | | previously been required to register under this Act, has a | 15 | | duty to register if the person has been convicted of any | 16 | | felony offense after July 1, 2011. A person who previously | 17 | | was required to register under this Act for a period of 10 | 18 | | years and successfully completed that registration period | 19 | | has a duty to register if: (i) the person has been | 20 | | convicted of any felony offense after July 1, 2011, and | 21 | | (ii) the offense for which the 10 year registration was | 22 | | served currently requires a registration period of more | 23 | | than 10 years. Notification of an offender's duty to | 24 | | register under this subsection shall be pursuant to Section | 25 | | 5-7 of this Act. | 26 | | (2.5) Except as provided in subsection (c)(4), any |
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| 1 | | person who has not
been notified of his or her | 2 | | responsibility to register shall be notified by a
criminal | 3 | | justice entity of his or her responsibility to register. | 4 | | Upon
notification the person must then register within 3 | 5 | | days of notification of
his or her requirement to register. | 6 | | Except as provided in subsection (c)(2.1), if notification | 7 | | is not made within the
offender's 10 year registration | 8 | | requirement, and the Department of State
Police determines | 9 | | no evidence exists or indicates the offender attempted to
| 10 | | avoid registration, the offender will no longer be required | 11 | | to register under
this Act.
| 12 | | (3) Except as provided in subsection (c)(4), any person | 13 | | convicted on
or after January 1, 1996, shall register in | 14 | | person within 3 days after the
entry of the sentencing | 15 | | order based upon his or her conviction.
| 16 | | (4) Any person unable to comply with the registration | 17 | | requirements of
this Article because he or she is confined, | 18 | | institutionalized,
or imprisoned in Illinois on or after | 19 | | January 1, 1996, shall register in person
within 3 days of | 20 | | discharge, parole or release.
| 21 | | (5) The person shall provide positive identification | 22 | | and documentation
that substantiates proof of residence at | 23 | | the registering address.
| 24 | | (6) The person shall pay a $100
initial registration | 25 | | fee and
a $100
annual
renewal fee to the registering law | 26 | | enforcement agency having jurisdiction . The fees shall be |
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| 1 | | used by the registering agency for official
purposes. The | 2 | | agency shall establish procedures to document receipt and | 3 | | use
of the funds.
The registering agency law enforcement | 4 | | agency having jurisdiction may waive the registration fee
| 5 | | if it determines that the person is indigent and unable to | 6 | | pay the registration
fee. Thirty-five
dollars for the | 7 | | initial registration fee and $35 of the annual renewal fee
| 8 | | shall be retained and used by the registering agency for | 9 | | official purposes. Having retained $35 of the initial | 10 | | registration fee and $35 of the annual renewal fee, the | 11 | | registering agency shall remit the remainder of the fee to | 12 | | State agencies within 30 days of receipt for deposit into | 13 | | the State funds as follows: | 14 | | (A) Five dollars of
the initial registration fee | 15 | | and $5 of the annual fee shall be remitted to the State | 16 | | Treasurer who shall deposit the moneys deposited into
| 17 | | the Sex Offender Management Board Fund under Section 19 | 18 | | of the Sex Offender
Management Board Act. Money | 19 | | deposited into the Sex Offender Management Board
Fund | 20 | | shall be administered by the Sex Offender Management | 21 | | Board and shall be
used by the Board to comply with the | 22 | | provisions of the Sex Offender Management Board Act. | 23 | | (B)
Thirty dollars of the initial registration fee | 24 | | and $30 of the annual renewal fee shall be remitted to | 25 | | the Department of State Police which shall deposit the | 26 | | moneys deposited into the Sex Offender Registration |
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| 1 | | Fund and shall be used by the Department of State | 2 | | Police to maintain and update the Illinois State Police | 3 | | Sex Offender Registry. | 4 | | (C) Thirty dollars of the initial registration fee | 5 | | and $30 of the annual renewal fee shall be remitted to | 6 | | the Attorney General who shall deposit the moneys | 7 | | deposited into the Attorney General Sex Offender | 8 | | Awareness, Training, and Education Fund. Moneys | 9 | | deposited into the Fund shall be used by the Attorney | 10 | | General to administer the I-SORT program and to alert | 11 | | and educate the public, victims, and witnesses of their | 12 | | rights under various victim notification laws and for | 13 | | training law enforcement agencies, State's Attorneys, | 14 | | and medical providers of their legal duties concerning | 15 | | the prosecution and investigation of sex offenses. | 16 | | The registering agency shall establish procedures to | 17 | | document the receipt and remittance of the $100 initial | 18 | | registration fee and $100 annual renewal fee. | 19 | | (d) Within 3 days after obtaining or changing employment | 20 | | and, if employed
on January 1, 2000, within 5 days after that | 21 | | date, a person required to
register under this Section must | 22 | | report, in person to the law
enforcement agency having | 23 | | jurisdiction, the business name and address where he
or she is | 24 | | employed. If the person has multiple businesses or work | 25 | | locations,
every business and work location must be reported to | 26 | | the law enforcement agency
having jurisdiction.
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| 1 | | (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, | 2 | | eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; | 3 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.) | 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act. | 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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