Full Text of SB1671 097th General Assembly
SB1671 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1671 Introduced 2/9/2011, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Amends the Sex Offender Management Board Act. Provides that the appointment by the Governor of the member of the Sex Offender Management Board to represent probation services be based on the recommendation of the Illinois Probation and Court Services Association.
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| | A BILL FOR |
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| 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 24
members. The membership of the Board | 10 | | 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) Two members appointed by the Attorney General who | 5 | | are licensed mental
health professionals with documented | 6 | | expertise in the treatment of sex
offenders;
| 7 | | (9) Two members appointed by the Attorney General who | 8 | | are State's
Attorneys or assistant State's Attorneys, one | 9 | | representing juvenile court
matters and one representing | 10 | | felony court matters;
| 11 | | (10) One member being the Cook County State's Attorney | 12 | | or his or her
designee;
| 13 | | (11) One member being the Director of the State's | 14 | | Attorneys Appellate
Prosecutor or his or her designee;
| 15 | | (12) One member being the Cook County Public Defender | 16 | | or his or her
designee;
| 17 | | (13) Two members appointed by the Governor who are | 18 | | representatives
of law enforcement, one juvenile officer | 19 | | and one sex crime investigator;
| 20 | | (14) Two members appointed by the Attorney General who | 21 | | are recognized
experts in the field of sexual assault and | 22 | | who can represent sexual assault
victims and victims' | 23 | | rights organizations;
| 24 | | (15) One member being the State Appellate Defender or | 25 | | his or her
designee;
| 26 | | (16) One member being the President of the Illinois |
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| 1 | | Polygraph Society or
his or her designee;
| 2 | | (17) One member being the Executive Director of the | 3 | | Criminal Justice
Information Authority or his or her | 4 | | designee;
| 5 | | (18) One member being the President of the Illinois | 6 | | Chapter of the
Association for the Treatment of Sexual | 7 | | Abusers or his or her designee; and
| 8 | | (19) One member representing the Illinois Principal | 9 | | Association.
| 10 | | (b) The Governor and the Attorney General shall appoint a | 11 | | presiding officer
for the Board
from among the board members | 12 | | appointed under subsection (a) of this
Section, which presiding | 13 | | officer shall serve at the pleasure of the Governor
and the | 14 | | Attorney
General.
| 15 | | (c) Each member of the Board shall demonstrate substantial | 16 | | expertise and
experience in the field of sexual assault.
| 17 | | (d) (1) Any member of the Board created in subsection (a) | 18 | | of this Section
who is appointed under paragraphs (1) through | 19 | | (7) of subsection (a) of
this
Section shall serve at the | 20 | | pleasure of the official who appointed that member,
for a term | 21 | | of 5 years and may be reappointed. The members shall serve
| 22 | | without additional compensation.
| 23 | | (2) Any member of the Board created in subsection (a) of | 24 | | this Section who
is appointed under paragraphs (8) through (14) | 25 | | of subsection (a) of this
Section shall serve for a term of 5 | 26 | | years and may be reappointed. The members
shall serve without
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| 1 | | compensation.
| 2 | | (3) The travel costs associated with membership on the | 3 | | Board created in
subsection (a) of this Section will be | 4 | | reimbursed subject to availability of
funds.
| 5 | | (e) The first meeting of this Board shall be held within 45 | 6 | | days of the
effective date of this Act.
| 7 | | (f) The Board shall carry out the following duties:
| 8 | | (1) Not later than December 31, 2001,
the
Board shall | 9 | | develop and prescribe separate standardized procedures for | 10 | | the
evaluation and identification of the offender and | 11 | | recommend behavior
management,
monitoring, and treatment
| 12 | | based upon the knowledge that sex
offenders are
extremely | 13 | | habituated and that there is no known cure for the | 14 | | propensity to
commit sex abuse. The Board shall develop and | 15 | | implement measures of success
based upon a no-cure policy | 16 | | for intervention. The Board shall develop and
implement | 17 | | methods of intervention for sex offenders which have as a | 18 | | priority
the physical and psychological safety of victims | 19 | | and potential
victims and which are appropriate to the | 20 | | needs of the particular offender, so
long as there is no | 21 | | reduction of the safety of victims and potential victims.
| 22 | | (2) Not later than December 31, 2001, the Board
shall | 23 | | develop separate guidelines and standards for a system of | 24 | | programs for
the evaluation and treatment
of both juvenile | 25 | | and adult sex
offenders which shall
be utilized
by | 26 | | offenders who are placed on probation, committed to the |
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| 1 | | Department of
Corrections or Department of Human Services, | 2 | | or placed on mandatory
supervised release or parole. The | 3 | | programs
developed under this paragraph (f) shall be as | 4 | | flexible as possible so
that the programs may be utilized | 5 | | by each offender to prevent the offender
from harming | 6 | | victims and potential victims. The programs shall be | 7 | | structured
in such a manner that the programs provide a | 8 | | continuing monitoring process as
well as a continuum of | 9 | | counseling programs for each offender as that offender
| 10 | | proceeds through the justice system. Also, the programs | 11 | | shall
be developed in such a manner that, to the extent | 12 | | possible, the programs may be
accessed by all offenders in | 13 | | the justice system.
| 14 | | (3) There is established the Sex Offender Management | 15 | | Board Fund in the
State Treasury into which funds received | 16 | | under any provision of law or from
public or private | 17 | | sources
shall be deposited, and from which funds
shall be | 18 | | appropriated for the purposes set forth in Section 19 of | 19 | | this Act,
Section 5-6-3 of the Unified Code of Corrections, | 20 | | and Section 3 of the Sex
Offender Registration Act, and the | 21 | | remainder shall be
appropriated to the Sex Offender | 22 | | Management Board for planning and
research.
| 23 | | (4) The Board shall develop and prescribe a plan to | 24 | | research and analyze
the effectiveness of the evaluation, | 25 | | identification, and counseling procedures
and programs | 26 | | developed under this Act. The Board shall also develop and
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| 1 | | prescribe a system for implementation of the guidelines and | 2 | | standards developed
under paragraph (2) of this subsection | 3 | | (f) and for tracking offenders who
have been subjected to | 4 | | evaluation, identification, and treatment
under
this Act. | 5 | | In addition, the Board shall develop a system for | 6 | | monitoring
offender behaviors and offender adherence to | 7 | | prescribed behavioral changes.
The results of the tracking | 8 | | and behavioral monitoring shall be a part of any
analysis | 9 | | made under this paragraph (4).
| 10 | | (g) The Board may promulgate rules as are necessary to | 11 | | carry
out the duties of the Board.
| 12 | | (h) The Board and the individual members of the Board shall | 13 | | be immune from
any liability, whether civil or criminal, for | 14 | | the good faith performance of
the duties of the Board as | 15 | | specified in this Section.
| 16 | | (Source: P.A. 93-616, eff. 1-1-04.)
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