Full Text of SB3638 97th General Assembly
SB3638enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Sex | 5 | | Offender Evaluation and Treatment Provider Act. | 6 | | Section 5. Declaration of public policy. The practice of | 7 | | sex offender evaluation and treatment in Illinois is hereby | 8 | | declared to affect the public health, safety and welfare, and | 9 | | to be subject to regulations in the public interest. The | 10 | | purpose of this Act is to establish standards of qualifications | 11 | | for sex offender evaluators and sex offender treatment | 12 | | providers, thereby protecting the public from persons who are | 13 | | unauthorized or unqualified to represent themselves as | 14 | | licensed sex offender evaluators and sex offender treatment | 15 | | providers, and from unprofessional conduct by persons licensed | 16 | | to practice sex offender evaluation and treatment. | 17 | | Section 10. Definitions. As used in this Act: | 18 | | "Address of record" means the designated address recorded | 19 | | by the Department in the applicant's or licensee's application | 20 | | file or license file maintained by the Department's licensure | 21 | | maintenance unit. | 22 | | "Associate sex offender provider" means a person licensed |
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| 1 | | under this Act to conduct sex offender evaluations or provide | 2 | | sex offender treatment services under the supervision of a | 3 | | licensed sex offender evaluator or a licensed sex offender | 4 | | treatment provider. | 5 | | "Board" means the Sex Offender Evaluation and Treatment | 6 | | Licensing and Disciplinary Board. | 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "Licensee" means a person who has obtained a license under | 10 | | this Act. | 11 | | "Secretary" means the Secretary of Financial and | 12 | | Professional Regulation. | 13 | | "Sex offender evaluation" means a sex-offender specific | 14 | | evaluation that systematically uses a variety of standardized | 15 | | measurements, assessments and information gathered | 16 | | collaterally and through face-to-face interviews. Sex-offender | 17 | | specific evaluations assess risk to the community; identify and | 18 | | document treatment and developmental needs, including safe and | 19 | | appropriate placement settings; determine amenability to | 20 | | treatment; and are the foundation of treatment, supervision, | 21 | | and placement recommendations. | 22 | | "Sex offender evaluator" means a person licensed under this | 23 | | Act to conduct sex offender evaluations. | 24 | | "Sex offender treatment" means a comprehensive set of | 25 | | planned therapeutic interventions and experiences to reduce | 26 | | the risk of further sexual offending and abusive behaviors by |
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| 1 | | the offender. Treatment may include adjunct therapies to | 2 | | address the unique needs of the individual, but must include | 3 | | offense specific services by a treatment provider who meets the | 4 | | qualifications in Section 30 of this Act. Treatment focuses on | 5 | | the situations, thoughts, feelings, and behavior that have | 6 | | preceded and followed past offending (abuse cycles) and | 7 | | promotes change in each area relevant to the risk of continued | 8 | | abusive, offending, or deviant sexual behaviors. Due to the | 9 | | heterogeneity of the persons who commit sex offenses, treatment | 10 | | is provided based on the individualized evaluation and | 11 | | assessment. Treatment is designed to stop sex offending and | 12 | | abusive behavior, while increasing the offender's ability to | 13 | | function as a healthy, pro-social member of the community. | 14 | | Progress in treatment is measured by change rather than the | 15 | | passage of time. | 16 | | "Sex offender treatment provider" means a person licensed | 17 | | under this Act to provide sex offender treatment. | 18 | | Section 15. Duties of the Department. The Department shall | 19 | | exercise the powers and duties prescribed by the Civil | 20 | | Administrative Code of Illinois for administration of | 21 | | licensing acts and shall exercise other powers and duties | 22 | | necessary for effectuating the purpose of this Act. The | 23 | | Department shall adopt rules to implement, interpret, or make | 24 | | specific the provisions and purposes of this Act. |
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| 1 | | Section 20. Sex Offender Evaluation and Treatment Provider | 2 | | Licensing and Disciplinary Board.
| 3 | | (a) There is established within the Department the Sex | 4 | | Offender Evaluation and Treatment Licensing and Disciplinary | 5 | | Board to be appointed by the Secretary. The Board shall be | 6 | | composed of 8 persons who shall serve in an advisory capacity | 7 | | to the Secretary. The Board shall elect a chairperson and a | 8 | | vice chairperson. | 9 | | (b) In appointing members of the Board, the Secretary shall | 10 | | give due consideration to recommendations by members of the | 11 | | profession of sex offender evaluation and treatment. | 12 | | (c) Three members of the Board shall be sex offender | 13 | | evaluation or treatment providers, or both, who have been in | 14 | | active practice for at least 5 years immediately preceding | 15 | | their appointment. The appointees shall be licensed under this | 16 | | Act. | 17 | | (d) One member shall represent the Department of | 18 | | Corrections. | 19 | | (e) One member shall represent the Department of Human | 20 | | Services. | 21 | | (f) One member shall represent the Administrative Office of | 22 | | the Illinois Courts representing the interests of probation | 23 | | services. | 24 | | (g) One member shall represent the Sex Offender Management | 25 | | Board. | 26 | | (h) One member shall be representative of the general |
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| 1 | | public who has no direct affiliation or work experience with | 2 | | the practice of sex offender evaluation and treatment and who | 3 | | clearly represent consumer interests. | 4 | | (i) Board members shall be appointed for a term of 4 years, | 5 | | except that any person chosen to fill a vacancy shall be | 6 | | appointed only for the unexpired term of the Board member whom | 7 | | he or she shall succeed. Upon the expiration of his or her term | 8 | | of office, a Board member shall continue to serve until a | 9 | | successor is appointed and qualified. No member shall be | 10 | | reappointed to the Board for a term that would cause continuous | 11 | | service on the Board to be longer than 8 years. | 12 | | (j) The membership of the Board shall reasonably reflect | 13 | | representation from the various geographic areas of the State. | 14 | | (k) A member of the Board shall be immune from suit in any | 15 | | action based upon any disciplinary proceedings or other | 16 | | activities performed in good faith as a member of the Board. | 17 | | (l) The Secretary may remove a member of the Board for any | 18 | | cause that, in the opinion of the Secretary, reasonably | 19 | | justifies termination. | 20 | | (m) The Secretary may consider the recommendations of the | 21 | | Board on questions of standards of professional conduct, | 22 | | discipline, and qualification of candidates or licensees under | 23 | | this Act. | 24 | | (n) The members of the Board shall be reimbursed for all | 25 | | legitimate, necessary, and authorized expenses. | 26 | | (o) A majority of the Board members currently appointed |
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| 1 | | shall constitute a quorum. A vacancy in the membership of the | 2 | | Board shall not impair the right of a quorum to exercise all | 3 | | the rights and perform all the duties of the Board.
| 4 | | Section 25. Application. | 5 | | (a) Applications for original licensure shall be made to | 6 | | the Department in writing on forms prescribed by the Department | 7 | | and shall be accompanied by the appropriate documentation and | 8 | | the required fee, which fee is nonrefundable. An application | 9 | | shall require information as, in the judgment of the | 10 | | Department, will enable the Department to pass on the | 11 | | qualifications of the applicant for licensing. | 12 | | (b) A license shall not be denied to an applicant because | 13 | | of the applicant's race, religion, creed, national origin, | 14 | | political beliefs or activities, age, sex, sexual orientation, | 15 | | or physical disability that does not affect a person's ability | 16 | | to practice with reasonable judgment, skill, or safety.
| 17 | | Section 30. Social Security Number on license application. | 18 | | In addition to any other information required to be contained | 19 | | in the application, every application for an original, renewal, | 20 | | reinstated, or restored license under this Act shall include | 21 | | the applicant's Social Security number. | 22 | | Section 35. Qualifications for licensure. | 23 | | (a)(1) A person is qualified for licensure as a sex |
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| 1 | | offender evaluator if that person: | 2 | | (A) has applied in writing on forms prepared and | 3 | | furnished by the Department; | 4 | | (B) has not engaged or is not engaged in any practice | 5 | | or conduct that would be grounds for disciplining a | 6 | | licensee under Section 75 of this Act; and | 7 | | (C) satisfies the licensure and experience | 8 | | requirements of paragraph (2) of this subsection (a). | 9 | | (2) A person who applies to the Department shall be issued | 10 | | a sex offender evaluator license by the Department if the | 11 | | person meets the qualifications set forth in paragraph (1) of | 12 | | this subsection (a) and provides evidence to the Department | 13 | | that the person: | 14 | | (A) is a physician licensed to practice medicine in all | 15 | | of its branches under the Medical Practice Act of 1987 or | 16 | | licensed under the laws of another state; an advanced | 17 | | practice nurse with psychiatric specialty licensed under | 18 | | the Nurse Practice Act or licensed under the laws of | 19 | | another state; a clinical psychologist licensed under the | 20 | | Clinical Psychologist Licensing Act or licensed under the | 21 | | laws of another state; a licensed clinical social worker | 22 | | licensed under the Clinical Social Work and Social Work | 23 | | Practice Act or licensed under the laws of another state; a | 24 | | licensed clinical professional counselor licensed under | 25 | | the Professional Counselor and Clinical Professional | 26 | | Counselor Licensing Act or licensed under the laws of |
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| 1 | | another state; or a licensed marriage and family therapist | 2 | | licensed under the Marriage and Family Therapist Licensing | 3 | | Act or licensed under the laws of another state; | 4 | | (B) has 400 hours of supervised experience in the | 5 | | treatment or evaluation of sex offenders in the last 4 | 6 | | years, at least 200 of which are face-to-face therapy or | 7 | | evaluation with sex offenders; | 8 | | (C) has completed at least 10 sex offender evaluations | 9 | | under supervision in the past 4 years; and | 10 | | (D) has at least 40 hours of documented training in the | 11 | | specialty of sex offender evaluation, treatment, or | 12 | | management. | 13 | | (b)(1) A person is qualified for licensure as a sex | 14 | | offender treatment provider if that person: | 15 | | (A) has applied in writing on forms prepared and | 16 | | furnished by the Department; | 17 | | (B) has not engaged or is not engaged in any practice | 18 | | or conduct that would be grounds for disciplining a | 19 | | licensee under Section 75 of this Act; and | 20 | | (C) satisfies the licensure and experience | 21 | | requirements of paragraph (2) of this subsection (b). | 22 | | (2) A person who applies to the Department shall be issued | 23 | | a sex offender treatment provider license by the Department if | 24 | | the person meets the qualifications set forth in paragraph (1) | 25 | | of this subsection (b) and provides evidence to the Department | 26 | | that the person: |
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| 1 | | (A) is a physician licensed to practice medicine in all | 2 | | of its branches under the Medical Practice Act of 1987 or | 3 | | licensed under the laws of another state; an advanced | 4 | | practice nurse with psychiatric specialty licensed under | 5 | | the Nurse Practice Act or licensed under the laws of | 6 | | another state; a clinical psychologist licensed under the | 7 | | Clinical Psychologist Licensing Act or licensed under the | 8 | | laws of another state; a licensed clinical social worker | 9 | | licensed under the Clinical Social Work and Social Work | 10 | | Practice Act or licensed under the laws of another state; a | 11 | | licensed clinical professional counselor licensed under | 12 | | the Professional Counselor and Clinical Professional | 13 | | Counselor Licensing Act or licensed under the laws of | 14 | | another state; or a licensed marriage and family therapist | 15 | | licensed under the Marriage and Family Therapist Licensing | 16 | | Act or licensed under the laws of another state; | 17 | | (B) has 400 hours of supervised experience in the | 18 | | treatment of sex offenders in the last 4 years, at least | 19 | | 200 of which are face-to-face therapy with sex offenders; | 20 | | and | 21 | | (C) has at least 40 hours documented training in the | 22 | | specialty of sex offender evaluation, treatment, or | 23 | | management. | 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 | | Section 40. Application; exemptions. | 15 | | (a) No person may act as a sex offender evaluator, sex | 16 | | offender treatment provider, or associate sex offender | 17 | | provider as defined in this Act for the provision of sex | 18 | | offender evaluations or sex offender treatment pursuant to the | 19 | | Sex Offender Management Board Act, the Sexually Dangerous | 20 | | Persons Act, or the Sexually Violent Persons Commitment Act | 21 | | unless the person is licensed to do so by the Department. Any | 22 | | evaluation or treatment services provided by a licensed health | 23 | | care professional not licensed under this Act shall not be | 24 | | valid under the Sex Offender Management Board Act, the Sexually | 25 | | Dangerous Persons Act, or the Sexually Violent Persons |
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| 1 | | Commitment Act. | 2 | | (b) Nothing in this Act shall be construed to require any | 3 | | licensed physician, advanced practice nurse, physician | 4 | | assistant, or other health care professional to be licensed | 5 | | under this Act for the provision of services for which the | 6 | | person is otherwise licensed. This Act does not prohibit a
| 7 | | person licensed under any other Act in this State from engaging
| 8 | | in the practice for which he or she is licensed. This Act only | 9 | | applies to the provision of sex offender evaluations or sex | 10 | | offender treatment provided for the purposes of complying with | 11 | | the Sex Offender Management Board Act, the Sexually Dangerous | 12 | | Persons Act, or the Sexually Violent Persons Commitment Act. | 13 | | Section 45. License renewal; restoration.
| 14 | | (a) The expiration date and renewal period for a license | 15 | | issued under this Act shall be set by rule. The holder of a | 16 | | license under this Act may renew that license during the 90 day | 17 | | period immediately preceding the expiration date upon payment | 18 | | of the required renewal fees and demonstrating compliance with | 19 | | any continuing education requirements. The Department shall | 20 | | adopt rules establishing minimum requirements of continuing | 21 | | education and means for verification of the completion of the | 22 | | continuing education requirements. The Department may, by | 23 | | rule, specify circumstances under which the continuing | 24 | | education requirements may be waived. | 25 | | (b) A licensee who has permitted his or her license to |
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| 1 | | expire or who has had his or her license on inactive status may | 2 | | have his or her license restored by making application to the | 3 | | Department and filing proof acceptable to the Department, as | 4 | | defined by rule, of his or her fitness to have his or her | 5 | | license restored, including evidence certifying to active | 6 | | practice in another jurisdiction satisfactory to the | 7 | | Department and by paying the required restoration fee. | 8 | | (c) A licensee whose license expired while he or she was | 9 | | (1) in Federal Service on active duty with the Armed Forces of | 10 | | the United States, or the State Militia called into service or | 11 | | training, or (2) in training or education under the supervision | 12 | | of the United States preliminary to induction into the military | 13 | | service, may have his or her license renewed or restored | 14 | | without paying any lapsed renewal fees if within 2 years after | 15 | | honorable termination of service, training or education, he or | 16 | | she furnishes the Department with satisfactory evidence to the | 17 | | effect that he or she has been so engaged and that his or her | 18 | | service, training or education has been terminated.
| 19 | | Section 50. Inactive status. | 20 | | (a) A licensee who notifies the Department in writing on | 21 | | forms prescribed by the Department may elect to place his or | 22 | | her license on an inactive status and shall, subject to rules | 23 | | of the Department, be excused from payment of renewal fees | 24 | | until he or she notifies the Department in writing of his or | 25 | | her intent to restore his or her license. |
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| 1 | | (b) A licensee requesting restoration from inactive status | 2 | | shall be required to pay the current renewal fee and shall be | 3 | | required to restore his or her license as provided in Section | 4 | | 45 of this Act. | 5 | | (c) A licensee whose license is in an inactive status shall | 6 | | not practice in the State of Illinois. | 7 | | (d) A licensee who provides sex offender evaluation or | 8 | | treatment services while his or her license is lapsed or on | 9 | | inactive status shall be considered to be practicing without a | 10 | | license which shall be grounds for discipline under this Act. | 11 | | Section 55. Fees. The fees for the administration and | 12 | | enforcement of this Act, including but not limited to original | 13 | | licensure, renewal, and restoration, shall be set by rule of | 14 | | the Department. The fees shall be nonrefundable. | 15 | | Section 60. Deposit of fees and fines. All of the fees and | 16 | | fines collected under this Act shall be deposited into the | 17 | | General Professions Dedicated Fund. | 18 | | Section 65. Payments; penalty for insufficient funds. A | 19 | | person who delivers a check or other payment to the Department | 20 | | that is returned to the Department unpaid by the financial | 21 | | institution upon which it is drawn shall pay to the Department, | 22 | | in addition to the amount already owed to the Department, a | 23 | | fine of $50. The fines imposed by this Section are in addition |
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| 1 | | to any other discipline provided under this Act prohibiting | 2 | | unlicensed practice or practice on a nonrenewed license. The | 3 | | Department shall notify the person that payment of fees and | 4 | | fines shall be paid to the Department by certified check or | 5 | | money order within 30 calendar days after notification. If | 6 | | after the expiration of 30 days from the date of the | 7 | | notification the person has failed to submit the necessary | 8 | | remittance, the Department shall automatically terminate the | 9 | | license or deny the application without hearing. If after | 10 | | termination or denial the person seeks a license, he or she | 11 | | shall apply to the Department for restoration or issuance of | 12 | | the license and pay all fees and fines due to the Department. | 13 | | The Department may establish a fee for the processing of an | 14 | | application for restoration of a license to pay all expenses of | 15 | | processing the application. The Secretary may waive the fines | 16 | | due under this Section in individual cases where the Secretary | 17 | | finds that the fines would be unreasonable or unnecessarily | 18 | | burdensome. | 19 | | Section 70. Roster; address change. | 20 | | (a) The Department shall maintain a roster of names and | 21 | | addresses of all persons who hold valid licenses and all | 22 | | persons whose licenses have been suspended or revoked within | 23 | | the previous year. This roster shall be available upon request | 24 | | and payment of the required fee. | 25 | | (b) It is the duty of the applicant or licensee to inform |
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| 1 | | the Department of any change of address, and that change must | 2 | | be made either through the Department's website or by | 3 | | contacting the Department's licensure maintenance unit. | 4 | | Section 75. Refusal, revocation, or suspension.
| 5 | | (a) The Department may refuse to issue or renew, or may | 6 | | revoke, suspend, place on probation, reprimand, or take other | 7 | | disciplinary or nondisciplinary action, as the Department | 8 | | considers appropriate, including the imposition of fines not to | 9 | | exceed $10,000 for each violation, with regard to any license | 10 | | or licensee for any one or more of the following:
| 11 | | (1) violations of this Act or of the rules adopted | 12 | | under this Act; | 13 | | (2) discipline by the Department under other state law | 14 | | and rules which the licensee is subject to; | 15 | | (3) conviction by plea of guilty or nolo contendere, | 16 | | finding of guilt, jury verdict, or entry of judgment or by | 17 | | sentencing for any crime, including, but not limited to, | 18 | | convictions, preceding sentences of supervision, | 19 | | conditional discharge, or first offender probation, under | 20 | | the laws of any jurisdiction of the United States: (i) that | 21 | | is a felony; or (ii) that is a misdemeanor, an essential | 22 | | element of which is dishonesty, or that is directly related | 23 | | to the practice of the profession; | 24 | | (4) professional incompetence; | 25 | | (5) advertising in a false, deceptive, or misleading |
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| 1 | | manner; | 2 | | (6) aiding, abetting, assisting, procuring, advising, | 3 | | employing, or contracting with any unlicensed person to | 4 | | provide sex offender evaluation or treatment services | 5 | | contrary to any rules or provisions of this Act; | 6 | | (7) engaging in immoral conduct in the commission of | 7 | | any act, such as sexual abuse, sexual misconduct, or sexual | 8 | | exploitation, related to the licensee's practice; | 9 | | (8) engaging in dishonorable, unethical, or | 10 | | unprofessional conduct of a character likely to deceive, | 11 | | defraud, or harm the public; | 12 | | (9) practicing or offering to practice beyond the scope | 13 | | permitted by law or accepting and performing professional | 14 | | responsibilities which the licensee knows or has reason to | 15 | | know that he or she is not competent to perform; | 16 | | (10) knowingly delegating professional | 17 | | responsibilities to a person unqualified by training, | 18 | | experience, or licensure to perform; | 19 | | (11) failing to provide information in response to a | 20 | | written request made by the Department within 60 days; | 21 | | (12) having a habitual or excessive use of or addiction | 22 | | to alcohol, narcotics, stimulants, or any other chemical | 23 | | agent or drug which results in the inability to practice | 24 | | with reasonable judgment, skill, or safety; | 25 | | (13) having a pattern of practice or other behavior | 26 | | that demonstrates incapacity or incompetence to practice |
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| 1 | | under this Act; | 2 | | (14) discipline by another state, District of | 3 | | Columbia, territory, or foreign nation, if at least one of | 4 | | the grounds for the discipline is the same or substantially | 5 | | equivalent to those set forth in this Section; | 6 | | (15) a finding by the Department that the licensee, | 7 | | after having his or her license placed on probationary | 8 | | status, has violated the terms of probation; | 9 | | (16) willfully making or filing false records or | 10 | | reports in his or her practice, including, but not limited | 11 | | to, false records filed with State agencies or departments; | 12 | | (17) making a material misstatement in furnishing | 13 | | information to the Department or otherwise making | 14 | | misleading, deceptive, untrue, or fraudulent | 15 | | representations in violation of this Act or otherwise in | 16 | | the practice of the profession; | 17 | | (18) fraud or misrepresentation in applying for or | 18 | | procuring a license under this Act or in connection with | 19 | | applying for renewal of a license under this Act; | 20 | | (19) inability to practice the profession with | 21 | | reasonable judgment, skill, or safety as a result of | 22 | | physical illness, including, but not limited to, | 23 | | deterioration through the aging process, loss of motor | 24 | | skill, or a mental illness or disability; | 25 | | (20) charging for professional services not rendered, | 26 | | including filing false statements for the collection of |
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| 1 | | fees for which services are not rendered; or | 2 | | (21) practicing under a false or, except as provided by | 3 | | law, an assumed name. | 4 | | All fines shall be paid within 60 days of the effective | 5 | | date of the order imposing the fine.
| 6 | | (b) The Department may refuse to issue or may suspend the | 7 | | license of any person who fails to file a tax return, to pay | 8 | | the tax, penalty, or interest shown in a filed tax return, or | 9 | | to pay any final assessment of tax, penalty, or interest, as | 10 | | required by any tax Act administered by the Illinois Department | 11 | | of Revenue, until such time as the requirements of the tax Act | 12 | | are satisfied in accordance with subsection (g) of Section | 13 | | 2105-15 of the Civil Administrative Code of Illinois. | 14 | | (c) The Department shall deny a license or renewal | 15 | | authorized by this Act to a person who has defaulted on an | 16 | | educational loan or scholarship provided or guaranteed by the | 17 | | Illinois Student Assistance Commission or any governmental | 18 | | agency of this State in accordance with item (5) of subsection | 19 | | (g) of Section 2105-15 of the Civil Administrative Code of | 20 | | Illinois. | 21 | | (d) In cases where the Department of Healthcare and Family | 22 | | Services has previously determined that a licensee or a | 23 | | potential licensee is more than 30 days delinquent in the | 24 | | payment of child support and has subsequently certified the | 25 | | delinquency to the Department, the Department may refuse to | 26 | | issue or renew or may revoke or suspend that person's license |
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| 1 | | or may take other disciplinary action against that person based | 2 | | solely upon the certification of delinquency made by the | 3 | | Department of Healthcare and Family Services in accordance with | 4 | | item (5) of subsection (g) of Section 2105-15 of the Civil | 5 | | Administrative Code of Illinois. | 6 | | (e) The determination by a circuit court that a licensee is | 7 | | subject to involuntary admission or judicial admission, as | 8 | | provided in the Mental Health and Developmental Disabilities | 9 | | Code, operates as an automatic suspension. The suspension will | 10 | | end only upon a finding by a court that the patient is no | 11 | | longer subject to involuntary admission or judicial admission | 12 | | and the issuance of a court order so finding and discharging | 13 | | the patient. | 14 | | (f) In enforcing this Act, the Department or Board, upon a | 15 | | showing of a possible violation, may compel an individual | 16 | | licensed to practice under this Act, or who has applied for | 17 | | licensure under this Act, to submit to a mental or physical | 18 | | examination, or both, as required by and at the expense of the | 19 | | Department. The Department or Board may order the examining | 20 | | physician to present testimony concerning the mental or | 21 | | physical examination of the licensee or applicant. No | 22 | | information shall be excluded by reason of any common law or | 23 | | statutory privilege relating to communications between the | 24 | | licensee or applicant and the examining physician. The | 25 | | examining physician shall be specifically designated by the | 26 | | Board or Department. The individual to be examined may have, at |
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| 1 | | his or her own expense, another physician of his or her choice | 2 | | present during all aspects of this examination. The examination | 3 | | shall be performed by a physician licensed to practice medicine | 4 | | in all its branches. Failure of an individual to submit to a | 5 | | mental or physical examination, when directed, shall result in | 6 | | an automatic suspension without hearing.
| 7 | | A person holding a license under this Act or who has | 8 | | applied for a license under this Act who, because of a physical | 9 | | or mental illness or disability, including, but not limited to, | 10 | | deterioration through the aging process or loss of motor skill, | 11 | | is unable to practice the profession with reasonable judgment, | 12 | | skill, or safety, may be required by the Department to submit | 13 | | to care, counseling, or treatment by physicians approved or | 14 | | designated by the Department as a condition, term, or | 15 | | restriction for continued, reinstated, or renewed licensure to | 16 | | practice. Submission to care, counseling, or treatment as | 17 | | required by the Department shall not be considered discipline | 18 | | of a license. If the licensee refuses to enter into a care, | 19 | | counseling, or treatment agreement or fails to abide by the | 20 | | terms of the agreement, the Department may file a complaint to | 21 | | revoke, suspend, or otherwise discipline the license of the | 22 | | individual. The Secretary may order the license suspended | 23 | | immediately, pending a hearing by the Department. Fines shall | 24 | | not be assessed in disciplinary actions involving physical or | 25 | | mental illness or impairment. | 26 | | In instances in which the Secretary immediately suspends a |
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| 1 | | person's license under this Section, a hearing on that person's | 2 | | license must be convened by the Department within 15 days after | 3 | | the suspension and completed without appreciable delay. The | 4 | | Department and Board shall have the authority to review the | 5 | | subject individual's record of treatment and counseling | 6 | | regarding the impairment to the extent permitted by applicable | 7 | | federal statutes and regulations safeguarding the | 8 | | confidentiality of medical records. | 9 | | An individual licensed under this Act and subject to action | 10 | | under this Section shall be afforded an opportunity to | 11 | | demonstrate to the Department or Board that he or she can | 12 | | resume practice in compliance with acceptable and prevailing | 13 | | standards under the provisions of his or her license. | 14 | | Section 80. Continuing education. The Department shall | 15 | | adopt rules for continuing education for persons licensed under | 16 | | this Act that require a completion of 20 hours of approved sex | 17 | | offender specific continuing education per license renewal | 18 | | period. The Department shall establish by rule a means for the | 19 | | verification of completion of the continuing education | 20 | | required by this Section. This verification may be accomplished | 21 | | through audits of records maintained by the licensee, by | 22 | | requiring the filing of continuing education certificates with | 23 | | the Department, or by other means established by the | 24 | | Department. |
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| 1 | | Section 85. Violations; injunctions; cease and desist | 2 | | order. | 3 | | (a) If a person violates a provision of this Act, the | 4 | | Secretary may, in the name of the People of the State of | 5 | | Illinois, through the Attorney General, petition for an order | 6 | | enjoining the violation or for an order enforcing compliance | 7 | | with this Act. Upon the filing of a verified petition in court, | 8 | | the court may issue a temporary restraining order, without | 9 | | notice or bond, and may preliminarily and permanently enjoin | 10 | | the violation. If it is established that the person has | 11 | | violated or is violating the injunction, the court may punish | 12 | | the offender for contempt of court. Proceedings under this | 13 | | Section are in addition to, and not in lieu of, all other | 14 | | remedies and penalties provided by this Act. | 15 | | (b) If a person engages in sex offender evaluation or | 16 | | treatment or holds himself or herself out as licensee without | 17 | | having a valid license under this Act, then any licensee, any | 18 | | interested party or any person injured thereby may, in addition | 19 | | to the Secretary, petition for relief as provided in subsection | 20 | | (a) of this Section. | 21 | | (c) Whenever in the opinion of the Department a person has | 22 | | violated any provision of this Act, the Department may issue a | 23 | | rule to show cause why an order to cease and desist should not | 24 | | be entered against him or her. The rule shall clearly set forth | 25 | | the grounds relied upon by the Department and shall provide a | 26 | | period of 7 days from the date of the rule to file an answer to |
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| 1 | | the satisfaction of the Department. Failure to answer to the | 2 | | satisfaction of the Department shall cause an order to cease | 3 | | and desist to be issued immediately. | 4 | | Section 90. Unlicensed practice; violation; civil penalty. | 5 | | (a) A person who holds himself or herself out to practice | 6 | | as a licensee without being licensed under this Act shall, in | 7 | | addition to any other penalty provided by law, pay a civil | 8 | | penalty to the Department in an amount not to exceed $10,000 | 9 | | for each offense, as determined by the Department. The civil | 10 | | penalty shall be assessed by the Department after a hearing is | 11 | | held in accordance with the provisions of this Act regarding a | 12 | | hearing for the discipline of a licensee. | 13 | | (b) The Department may investigate any and all unlicensed | 14 | | activity. | 15 | | (c) The civil penalty shall be paid within 60 days after | 16 | | the effective date of the order imposing the civil penalty. The | 17 | | order shall constitute a judgment and may be filed and | 18 | | execution had thereon in the same manner as any judgment from | 19 | | any court of record. | 20 | | Section 95. Investigation; notice and hearing. The | 21 | | Department may investigate the actions or qualifications of any | 22 | | person or persons holding or claiming to hold a license. Before | 23 | | suspending, revoking, placing on probationary status, or | 24 | | taking any other disciplinary action as the Department may deem |
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| 1 | | proper with regard to any license, at least 30 days before the | 2 | | date set for the hearing, the Department shall (i) notify the | 3 | | accused in writing of any charges made and the time and place | 4 | | for a hearing on the charges before the Board, (ii) direct him | 5 | | or her to file a written answer to the charges with the Board | 6 | | under oath within 20 days after the service on him or her of | 7 | | the notice, and (iii) inform him or her that if he or she fails | 8 | | to file an answer, default will be taken against him or her and | 9 | | his or her license may be suspended, revoked, placed on | 10 | | probationary status, or other disciplinary action taken with | 11 | | regard to the license, including limiting the scope, nature, or | 12 | | extent of his or her practice, as the Department may deem | 13 | | proper. In case the person, after receiving notice, fails to | 14 | | file an answer, his or her license may, in the discretion of | 15 | | the Department, be suspended, revoked, placed on probationary | 16 | | status, or the Department may take whatever disciplinary action | 17 | | is deemed proper, including limiting the scope, nature, or | 18 | | extent of the person's practice or the imposition of a fine, | 19 | | without a hearing, if the act or acts charged constitute | 20 | | sufficient grounds for that action under this Act. Written | 21 | | notice may be served by personal delivery or by registered or | 22 | | certified mail to the applicant or licensee at his or her last | 23 | | address of record with the Department. In case the person fails | 24 | | to file an answer after receiving notice, his or her license | 25 | | may, in the discretion of the Department, be suspended, | 26 | | revoked, or placed on probationary status, or the Department |
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| 1 | | may take whatever disciplinary action is deemed proper, | 2 | | including limiting the scope, nature, or extent of the person's | 3 | | practice or the imposition of a fine, without a hearing, if the | 4 | | act or acts charged constitute sufficient grounds for that | 5 | | action under this Act. The written answer shall be served by | 6 | | personal delivery, certified delivery, or certified or | 7 | | registered mail to the Department. At the time and place fixed | 8 | | in the notice, the Department shall proceed to hear the charges | 9 | | and the parties or their counsel shall be accorded ample | 10 | | opportunity to present statements, testimony, evidence, and | 11 | | argument as may be pertinent to the charges or to the defense | 12 | | thereto. The Department may continue the hearing from time to | 13 | | time. At the discretion of the Secretary after having first | 14 | | received the recommendation of the Board, the accused person's | 15 | | license may be suspended or revoked, if the evidence | 16 | | constitutes sufficient grounds for that action under this Act. | 17 | | Section 100. Record of proceeding. The Department, at its | 18 | | expense, shall preserve a record of all proceedings at the | 19 | | formal hearing of any case. The notice of hearing, complaint | 20 | | and all other documents in the nature of pleadings and written | 21 | | motions filed in the proceedings, the transcript of testimony, | 22 | | the report of the Board and orders of the Department shall be | 23 | | in the record of the proceedings. The Department shall furnish | 24 | | a transcript of the record to any person interested in the | 25 | | hearing upon payment of the fee required under Section 2105-115 |
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| 1 | | of the Department of Professional Regulation Law. | 2 | | Section 105. Subpoenas; oaths; attendance of witnesses. | 3 | | The Department has the power to subpoena and to bring before it | 4 | | any person and to take testimony either orally or by | 5 | | deposition, or both, with the same fees and mileage and in the | 6 | | same manner as prescribed in civil cases in the courts of this | 7 | | State. | 8 | | The Secretary, the designated hearing officer, and every | 9 | | member of the Board has power to administer oaths to witnesses | 10 | | at any hearing that the Department is authorized to conduct and | 11 | | any other oaths authorized in any Act administered by the | 12 | | Department. A circuit court may, upon application of the | 13 | | Department or its designee, or of the applicant or licensee | 14 | | against whom proceedings under this Act are pending, enter an | 15 | | order requiring the attendance of witnesses and their | 16 | | testimony, and the production of documents, papers, files, | 17 | | books and records in connection with any hearing or | 18 | | investigation. The court may compel obedience to its order by | 19 | | proceedings for contempt. | 20 | | Section 110. Recommendations for disciplinary action. At | 21 | | the conclusion of the hearing, the Board shall present to the | 22 | | Secretary a written report of its findings and recommendations. | 23 | | The report shall contain a finding whether or not the accused | 24 | | person violated this Act or failed to comply with the |
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| 1 | | conditions required in this Act. The Board shall specify the | 2 | | nature of the violation or failure to comply, and shall make | 3 | | its recommendations to the Secretary. | 4 | | The report of findings and recommendations of the Board | 5 | | shall be the basis for the Department's order for refusal or | 6 | | for the granting of a license, or for any disciplinary action, | 7 | | unless the Secretary shall determine that the Board's report is | 8 | | contrary to the manifest weight of the evidence, in which case | 9 | | the Secretary may issue an order in contravention of the | 10 | | Board's report. The finding is not admissible in evidence | 11 | | against the person in a criminal prosecution brought for the | 12 | | violation of this Act, but the hearing and finding are not a | 13 | | bar to a criminal prosecution brought for the violation of this | 14 | | Act. | 15 | | Section 115. Rehearing. In a hearing involving | 16 | | disciplinary action against a licensee, a copy of the Board's | 17 | | report shall be served upon the respondent by the Department, | 18 | | either personally or as provided in this Act for the service of | 19 | | the notice of hearing. Within 20 calendar days after service, | 20 | | the respondent may present to the Department a motion in | 21 | | writing for a rehearing that shall specify the particular | 22 | | grounds for rehearing. If no motion for rehearing is filed, | 23 | | then upon the expiration of the time specified for filing a | 24 | | motion, or if a motion for rehearing is denied, then upon | 25 | | denial, the Secretary may enter an order in accordance with |
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| 1 | | recommendations of the Board, except as provided in this Act. | 2 | | If the respondent orders from the reporting service, and pays | 3 | | for, a transcript of the record within the time for filing a | 4 | | motion for rehearing, the 20 calendar day period within which a | 5 | | motion may be filed shall commence upon the delivery of the | 6 | | transcript to the respondent. | 7 | | Section 120. Hearing by other hearing officer. Whenever | 8 | | the Secretary is not satisfied that substantial justice has | 9 | | been done in the revocation, suspension or refusal to issue or | 10 | | renew a license, the Secretary may order a rehearing by the | 11 | | same or other hearing officer. | 12 | | Section 125. Appointment of a hearing officer. The | 13 | | Secretary has the authority to appoint any attorney duly | 14 | | licensed to practice law in the State of Illinois to serve as | 15 | | the hearing officer in any action for refusal to issue or renew | 16 | | a license, or to discipline a licensee. The hearing officer has | 17 | | full authority to conduct the hearing. The hearing officer | 18 | | shall report his or her findings and recommendations to the | 19 | | Board and the Secretary. The Board has 60 calendar days from | 20 | | receipt of the report to review the report of the hearing | 21 | | officer and present its findings of fact, conclusions of law | 22 | | and recommendations to the Secretary. If the Board fails to | 23 | | present its report within the 60 calendar day period, the | 24 | | respondent may request in writing a direct appeal to the |
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| 1 | | Secretary, in which case the Secretary shall, within 7 calendar | 2 | | days after receipt of the request, issue an order directing the | 3 | | Board to issue its findings of fact, conclusions of law, and | 4 | | recommendations to the Secretary within 30 calendar days after | 5 | | that order. If the Board fails to issue its findings of fact, | 6 | | conclusions of law, and recommendations within that time frame | 7 | | to the Secretary after the entry of the order, the Secretary | 8 | | shall, within 30 calendar days thereafter, issue an order based | 9 | | upon the report of the hearing officer and the record of the | 10 | | proceedings or issue an order remanding the matter back to the | 11 | | hearing officer for additional proceedings in accordance with | 12 | | the order. If (i) a direct appeal is requested, (ii) the Board | 13 | | fails to issue its findings of fact, conclusions of law, and | 14 | | recommendations within the 30 day mandate from the Secretary or | 15 | | the Secretary fails to order the Board to do so, and (iii) the | 16 | | Secretary fails to issue an order within 30 calendar days | 17 | | thereafter, then the hearing officer's report is deemed | 18 | | accepted and a final decision of the Secretary. Notwithstanding | 19 | | any other provision of this Section, if the Secretary, upon | 20 | | review, determines that substantial justice has not been done | 21 | | in the revocation, suspension, or refusal to issue or renew a | 22 | | license or other disciplinary action taken as the result of the | 23 | | entry of the hearing officer's report, the Secretary may order | 24 | | a rehearing by the same or other hearing officer. If the | 25 | | Secretary disagrees with the recommendation of the Board or the | 26 | | hearing officer, the Secretary may issue an order in |
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| 1 | | contravention of the recommendation. | 2 | | Section 130. Order; certified copy. An order or a certified | 3 | | copy of the order, over the seal of the Department and | 4 | | purporting to be signed by the Secretary, shall be prima facie | 5 | | proof: | 6 | | (a) that the signature is the genuine signature of the | 7 | | Secretary; | 8 | | (b) that the Secretary is duly appointed and qualified; and | 9 | | (c) that the Board and its members are qualified to act. | 10 | | Section 135. Restoration. At any time after the suspension | 11 | | or revocation of a license, the Department may restore the | 12 | | license to the accused person, upon the written recommendation | 13 | | of the Board, unless after an investigation and a hearing the | 14 | | Board determines that restoration is not in the public | 15 | | interest. | 16 | | Section 140. License surrender. Upon the revocation or | 17 | | suspension of a license, the licensee shall immediately | 18 | | surrender the license to the Department. If the licensee fails | 19 | | to do so, the Department has the right to seize the license. | 20 | | Section 145. Summary suspension. The Secretary may | 21 | | summarily suspend the license of a licensee without a hearing, | 22 | | simultaneously with the institution of proceedings for a |
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| 1 | | hearing provided for in this Act, if the Secretary finds that | 2 | | evidence in his or her possession indicates that a licensee's | 3 | | continuation in practice would constitute an imminent danger to | 4 | | the public. In the event that the Secretary summarily suspends | 5 | | the license of a licensee without a hearing, a hearing by the | 6 | | Board must be held within 30 calendar days after the suspension | 7 | | has occurred. | 8 | | Section 150. Judicial review. All final administrative | 9 | | decisions of the Department are subject to judicial review | 10 | | under the Administrative Review Law and its rules. The term | 11 | | "administrative decision" is defined as in Section 3-101 of the | 12 | | Code of Civil Procedure. | 13 | | Proceedings for judicial review shall be commenced in the | 14 | | circuit court of the county in which the party applying for | 15 | | review resides; but if the party is not a resident of this | 16 | | State, the venue shall be in Sangamon County. | 17 | | Section 155. Certification of records. The Department | 18 | | shall not be required to certify any record to the court or | 19 | | file any answer in court or otherwise appear in any court in a | 20 | | judicial review proceeding, unless there is filed in the court, | 21 | | with the complaint, a receipt from the Department acknowledging | 22 | | payment of the costs of furnishing and certifying the record. | 23 | | Failure on the part of the plaintiff to file the receipt in | 24 | | court shall be grounds for dismissal of the action. |
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| 1 | | Section 160. Violations; penalties. A person who is found | 2 | | to have violated any provision of this Act is guilty of a Class | 3 | | A misdemeanor for the first offense, and a Class 4 felony for a | 4 | | second and subsequent offense. | 5 | | Section 165. Illinois Administrative Procedure Act. The | 6 | | Illinois Administrative Procedure Act is expressly adopted and | 7 | | incorporated in this Act as if all of the provisions of that | 8 | | Act were included in this Act, except that the provision of | 9 | | paragraph (d) of Section 10-65 of the Illinois Administrative | 10 | | Procedure Act, which provides that at hearings the license | 11 | | holder has the right to show compliance with all lawful | 12 | | requirements for retention, continuation or renewal of the | 13 | | certificate, is specifically excluded. For the purpose of this | 14 | | Act, the notice required under Section 10-25 of the Illinois | 15 | | Administrative Procedure Act is deemed sufficient when mailed | 16 | | to the last known address of a party. | 17 | | Section 170. Home rule. The regulation and licensing of | 18 | | sex offender evaluators and treatment providers are exclusive | 19 | | powers and functions of the State. A home rule unit may not | 20 | | regulate or license sex offender evaluators and treatment | 21 | | providers. This Section is a denial and limitation of home rule | 22 | | powers and functions under subsection (h) of Section 6 of | 23 | | Article VII of the Illinois Constitution.
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| 1 | | Section 172. Confidentiality. All information collected by | 2 | | the Department in the course of an examination or investigation | 3 | | of a licensee or applicant, including, but not limited to, any | 4 | | complaint against a licensee filed with the Department and | 5 | | information collected to investigate the complaint, shall be | 6 | | maintained for the confidential use of the Department and shall | 7 | | not be disclosed. The Department may not disclose the | 8 | | information except to law enforcement officials, other | 9 | | regulatory agencies that have an appropriate regulatory | 10 | | interest as determined by the Secretary, or to a party | 11 | | presenting a lawful subpoena to the Department. Information and | 12 | | documents disclosed to a federal, State, county, or local law | 13 | | enforcement agency shall not be disclosed by the agency for any | 14 | | purpose to any other agency or person. A formal complaint filed | 15 | | against a licensee by the Department or any order issued by the | 16 | | Department against a licensee or applicant shall be a public | 17 | | record, except as otherwise prohibited by law. | 18 | | Section 174. Multiple licensure. When a licensee under this | 19 | | Act, who is also a licensee under another statute enforced by | 20 | | the Department, is subject to any disciplinary action including | 21 | | but not limited to the probation, suspension or revocation of | 22 | | any license issued by the Department, the disciplinary action | 23 | | is automatically applied to all licenses held by the licensee | 24 | | by operation of law. |
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| 1 | | Section 175. The Sex Offender Management Board Act is | 2 | | amended by changing Sections 5, 10, 15, 16, 17, 18, 19, and 20 | 3 | | as follows:
| 4 | | (20 ILCS 4026/5)
| 5 | | Sec. 5. Legislative declaration. The General Assembly | 6 | | hereby declares
that the comprehensive evaluation, treatment, | 7 | | identification, counseling, and management continued
| 8 | | monitoring of sex offenders who are subject to the supervision | 9 | | of the
criminal or juvenile justice systems or mental health | 10 | | systems is
necessary in
order to work toward the
elimination of | 11 | | recidivism by such offenders. Therefore, the General Assembly | 12 | | hereby creates a program which assists in the education and | 13 | | training of parole, probation, law enforcement, treatment | 14 | | providers and others involved in the management of sex | 15 | | offenders. This program will standardize Therefore, the | 16 | | General Assembly
hereby creates a program which standardizes | 17 | | the evaluation, treatment, identification,
counseling, and | 18 | | management continued monitoring of sex offenders at each stage | 19 | | of the
criminal or juvenile justice systems or mental health | 20 | | systems so
that
those offenders will curtail
recidivistic | 21 | | behavior and the protection of victims and potential victims | 22 | | will
be enhanced. The General Assembly recognizes that some sex | 23 | | offenders
cannot or will not respond to counseling and that, in | 24 | | creating the program
described in this Act, the General |
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| 1 | | Assembly does not intend to imply that
all sex offenders can be | 2 | | successful in treatment counseling .
| 3 | | (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
| 4 | | (20 ILCS 4026/10)
| 5 | | Sec. 10. Definitions. In this Act, unless the context | 6 | | otherwise
requires:
| 7 | | (a) "Board" means the Sex Offender Management Board created | 8 | | in Section 15.
| 9 | | (b) "Sex offender" means any person who is convicted or | 10 | | found delinquent in
the State of Illinois, or under any | 11 | | substantially similar federal law or
law of another state, of | 12 | | any sex offense or attempt of a sex offense as defined
in
| 13 | | subsection (c) of this Section, or any former statute of this | 14 | | State that
defined a felony sex offense, or who has been | 15 | | declared certified as a sexually dangerous
person under the | 16 | | Sexually Dangerous Persons Act or declared a sexually
violent | 17 | | person under the Sexually Violent Persons Commitment Act, or | 18 | | any
substantially similar
federal law or law of another state.
| 19 | | (c) "Sex offense" means any felony or misdemeanor offense | 20 | | described in this
subsection (c) as follows:
| 21 | | (1) Indecent solicitation of a child, in violation of | 22 | | Section 11-6 of the
Criminal Code of 1961;
| 23 | | (2) Indecent solicitation of an adult, in violation of | 24 | | Section 11-6.5 of
the Criminal Code of 1961;
| 25 | | (3) Public indecency, in violation of Section 11-9 or |
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| 1 | | 11-30 of the Criminal Code of
1961;
| 2 | | (4) Sexual exploitation of a child, in violation of | 3 | | Section 11-9.1 of the
Criminal Code of 1961;
| 4 | | (5) Sexual relations within families, in violation of | 5 | | Section 11-11 of the
Criminal Code of 1961;
| 6 | | (6) Promoting juvenile prostitution or soliciting for | 7 | | a juvenile prostitute, in violation of Section 11-14.4 or | 8 | | 11-15.1
of
the Criminal Code of 1961;
| 9 | | (7) Promoting juvenile prostitution or keeping a place | 10 | | of juvenile prostitution, in violation of Section
11-14.4 | 11 | | or 11-17.1 of the Criminal Code of 1961;
| 12 | | (8) Patronizing a juvenile prostitute, in violation of | 13 | | Section 11-18.1 of
the Criminal Code of 1961;
| 14 | | (9) Promoting juvenile prostitution or juvenile | 15 | | pimping, in violation of Section 11-14.4 or 11-19.1 of the | 16 | | Criminal
Code
of 1961;
| 17 | | (10) promoting juvenile prostitution or exploitation | 18 | | of a child, in violation of Section 11-14.4 or 11-19.2 of | 19 | | the
Criminal Code of 1961;
| 20 | | (11) Child pornography, in violation of Section | 21 | | 11-20.1 of the Criminal
Code
of 1961;
| 22 | | (11.5) Aggravated child pornography, in violation of | 23 | | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | 24 | | (12) Harmful material, in violation of Section 11-21 of | 25 | | the Criminal Code
of
1961;
| 26 | | (13) Criminal sexual assault, in violation of Section |
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| 1 | | 11-1.20 or 12-13 of the
Criminal
Code of 1961;
| 2 | | (13.5) Grooming, in violation of Section 11-25 of the | 3 | | Criminal Code of 1961; | 4 | | (14) Aggravated criminal sexual assault, in violation | 5 | | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961;
| 6 | | (14.5) Traveling to meet a minor, in violation of | 7 | | Section 11-26 of the Criminal Code of
1961; | 8 | | (15) Predatory criminal sexual assault of a child, in | 9 | | violation of Section
11-1.40 or 12-14.1 of the Criminal | 10 | | Code of 1961;
| 11 | | (16) Criminal sexual abuse, in violation of Section | 12 | | 11-1.50 or 12-15 of the Criminal
Code of 1961;
| 13 | | (17) Aggravated criminal sexual abuse, in violation of | 14 | | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961;
| 15 | | (18) Ritualized abuse of a child, in violation of | 16 | | Section 12-33 of the
Criminal Code of 1961;
| 17 | | (19) An attempt to commit any of the offenses | 18 | | enumerated in this
subsection
(c); or
| 19 | | (20) Any felony offense under Illinois law that is | 20 | | sexually motivated.
| 21 | | (d) "Management" means treatment, counseling, monitoring, | 22 | | and supervision of any sex
offender that conforms to the | 23 | | standards created by the Board under
Section 15.
| 24 | | (e) "Sexually motivated" means one or more of the facts of | 25 | | the underlying
offense indicates conduct that is of a sexual | 26 | | nature or that shows an intent to
engage in behavior of a |
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| 1 | | sexual nature.
| 2 | | (f) "Sex offender evaluator" means a person licensed under | 3 | | the Sex Offender Evaluation and Treatment Provider Act to | 4 | | conduct sex offender evaluations. | 5 | | (g) "Sex offender treatment provider" means a person | 6 | | licensed under the Sex Offender Evaluation and Treatment | 7 | | Provider Act to provide sex offender treatment services. | 8 | | (h) "Associate sex offender provider" means a person | 9 | | licensed under the Sex Offender Evaluation and Treatment | 10 | | Provider Act to provide sex offender evaluations and to provide | 11 | | sex offender treatment under the supervision of a licensed sex | 12 | | offender evaluator or a licensed sex offender treatment | 13 | | provider. | 14 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 15 | | (20 ILCS 4026/15)
| 16 | | Sec. 15. Sex Offender Management Board; creation; duties.
| 17 | | (a) There is created the Sex Offender Management Board, | 18 | | which shall consist
of 22 20
members. The membership of the | 19 | | Board shall consist of the
following
persons:
| 20 | | (1) Two members appointed by the Governor representing | 21 | | the judiciary, one
representing juvenile court matters and | 22 | | one
representing adult criminal court matters;
| 23 | | (1) (2) One member appointed by the Governor | 24 | | representing Probation
Services based on the | 25 | | recommendation of the Illinois Probation and Court |
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| 1 | | Services Association;
| 2 | | (2) (3) One member appointed by the Governor | 3 | | representing the Department of
Corrections;
| 4 | | (3) One member appointed by the Governor representing | 5 | | the Department of Juvenile Justice; | 6 | | (4) One member appointed by the Governor representing | 7 | | the Department of
Human Services;
| 8 | | (5) One member appointed by the Governor representing | 9 | | the Illinois State
Police;
| 10 | | (6) One member appointed by the Governor representing | 11 | | the Department of
Children and Family Services;
| 12 | | (7) One member appointed by the Attorney General | 13 | | representing the Office
of the Attorney General;
| 14 | | (8) One member appointed by the Attorney General who is | 15 | | a licensed mental
health professional with documented | 16 | | expertise in the treatment of sex
offenders;
| 17 | | (9) Two members appointed by the Attorney General who | 18 | | are State's
Attorneys or assistant State's Attorneys, one | 19 | | representing juvenile court
matters and one representing | 20 | | felony court matters;
| 21 | | (10) One member being the Director of the | 22 | | Administrative Office of the Illinois Courts or his or her | 23 | | designee; | 24 | | (11) One member being the Cook County State's Attorney | 25 | | or his or her
designee;
| 26 | | (12) (11) One member being the Director of the State's |
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| 1 | | Attorneys Appellate
Prosecutor or his or her designee;
| 2 | | (13) (12) One member being the Cook County Public | 3 | | Defender or his or her
designee;
| 4 | | (14) (13) Two members appointed by the Governor who are | 5 | | representatives
of law enforcement, at least one juvenile | 6 | | officer with juvenile sex offender experience and one sex | 7 | | crime investigator ;
| 8 | | (15) (14) Two members appointed by the Attorney General | 9 | | who are recognized
experts in the field of sexual assault | 10 | | and who can represent sexual assault
victims and victims' | 11 | | rights organizations;
| 12 | | (16) (15) One member being the State Appellate Defender | 13 | | or his or her
designee;
and
| 14 | | (17) One member appointed by the Governor being the | 15 | | President of the Illinois Polygraph Society of his or her | 16 | | designee; | 17 | | (18) (16) One member being the Executive Director of | 18 | | the Criminal Justice
Information Authority or his or her | 19 | | designee ; and | 20 | | (19) One member appointed by the Governor being the | 21 | | President of the Illinois Chapter of the Association for | 22 | | the Treatment of Sexual Abusers or his or her designee .
| 23 | | (b) The Governor and the Attorney General shall appoint a | 24 | | presiding officer
for the Board
from among the board members | 25 | | appointed under subsection (a) of this
Section, which presiding | 26 | | officer shall serve at the pleasure of the Governor
and the |
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| 1 | | Attorney
General.
| 2 | | (c) Each member of the Board shall demonstrate substantial | 3 | | expertise and
experience in the field of sexual assault.
| 4 | | (d) (1) Any member of the Board created in subsection (a) | 5 | | of this Section
who is appointed under paragraphs (1) through | 6 | | (7) of subsection (a) of
this
Section shall serve at the | 7 | | pleasure of the official who appointed that member,
for a term | 8 | | of 5 years and may be reappointed. The members shall serve
| 9 | | without additional compensation.
| 10 | | (2) Any member of the Board created in subsection (a) of | 11 | | this Section who
is appointed under paragraphs (8) through (19) | 12 | | (14) of subsection (a) of this
Section shall serve for a term | 13 | | of 5 years and may be reappointed. However, the term terms of | 14 | | the member members appointed under paragraph paragraphs (8) of | 15 | | subsection (a) of this Section shall end on January 1, 2012 the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly . Within 30 days after January 1, 2012 the effective | 18 | | date of this amendatory Act of the 97th General Assembly , the | 19 | | Attorney General shall appoint a member under paragraph (8) of | 20 | | subsection (a) of this Section to fill the vacancy created by | 21 | | this amendatory Act of the 97th General Assembly. A person who | 22 | | has previously served as a member of the Board may be | 23 | | reappointed. The term terms of the President of the Illinois | 24 | | Polygraph Society or
his or her designee, the President of the | 25 | | Illinois Chapter of the
Association for the Treatment of Sexual | 26 | | Abusers or his or her designee, and the member representing the |
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| 1 | | Illinois Principal Association ends end on January 1, 2012 the | 2 | | effective date of this amendatory Act of the 97th General | 3 | | Assembly . The members
shall serve without
compensation.
| 4 | | (3) The travel costs associated with membership on the | 5 | | Board created in
subsection (a) of this Section may will be | 6 | | reimbursed subject to availability of
funds.
| 7 | | (e) (Blank). The first meeting of this Board shall be held | 8 | | within 45 days of the
effective date of this Act.
| 9 | | (f) The Board shall carry out the following duties:
| 10 | | (1) The Not later than December 31, 2001,
the
Board | 11 | | shall develop and prescribe separate standardized | 12 | | procedures for the
evaluation and management | 13 | | identification of the offender and recommend behavior
| 14 | | management,
monitoring, and treatment
based upon the | 15 | | knowledge that sex
offenders are
extremely habituated and | 16 | | that there is no known cure for the propensity to
commit | 17 | | sex abuse . Periodically, the Board shall review and modify | 18 | | as necessary the standardized procedures based upon | 19 | | current best practices. The Board shall develop and | 20 | | implement measures of success
based upon a no-cure policy | 21 | | for intervention. The Board shall develop and
implement | 22 | | methods of intervention for sex offenders which have as a | 23 | | priority
the physical and psychological safety of victims | 24 | | and potential
victims and which are appropriate to the | 25 | | needs of the particular offender, so
long as there is no | 26 | | reduction of the safety of victims and potential victims.
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| 1 | | (2) These standardized procedures that are based on | 2 | | current best practices Not later than December 31, 2001, | 3 | | the Board
shall develop separate guidelines and standards | 4 | | for a system of programs for
the evaluation and treatment
| 5 | | of both juvenile and adult sex
offenders which shall
be | 6 | | utilized with
by offenders who are placed on probation, | 7 | | committed to the Department of
Corrections , Department of | 8 | | Juvenile Justice, or Department of Human Services, or | 9 | | placed on mandatory
supervised release or parole. The | 10 | | programs
developed under this paragraph (f) shall be as | 11 | | flexible as possible so
that the programs may be utilized | 12 | | by each offender to prevent the offender
from harming | 13 | | victims and potential victims. The programs shall be | 14 | | structured
in such a manner that the programs provide a | 15 | | continuing monitoring process as
well as a continuum of | 16 | | evaluation and treatment counseling programs for each | 17 | | offender as that offender
proceeds through the justice | 18 | | system. Also, the programs shall
be developed in such a | 19 | | manner that, to the extent possible, the programs may be
| 20 | | accessed by all offenders in the justice system.
| 21 | | (2.5) Not later than July 1, 2013 and annually | 22 | | thereafter, the Board shall provide trainings for agencies | 23 | | that provide supervision and management to sex offenders on | 24 | | best practices for the treatment, evaluation, and | 25 | | supervision of sex offenders. The training program may | 26 | | include other matters relevant to the supervision and |
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| 1 | | management of sex offenders, including, but not limited to, | 2 | | legislative developments and national best practices | 3 | | models. The Board shall hold not less than 2 trainings per | 4 | | year. The Board may develop other training and education | 5 | | programs to promote the utilization of best practices for | 6 | | the effective management of sex offenders as it deems | 7 | | necessary. | 8 | | (3) There is established the Sex Offender Management | 9 | | Board Fund in the
State Treasury into which funds received | 10 | | under any provision of law or from
public or private | 11 | | sources
shall be deposited, and from which funds
shall be | 12 | | appropriated for the purposes set forth in Section 19 of | 13 | | this Act ,
Section 5-6-3 of the Unified Code of Corrections, | 14 | | and Section 3 of the Sex
Offender Registration Act, and the | 15 | | remainder shall be
appropriated to the Sex Offender | 16 | | Management Board to carry out its duties and comply with | 17 | | the provisions of this Act for planning and
research .
| 18 | | (4) (Blank). The Board shall develop and prescribe a | 19 | | plan to research and analyze
the effectiveness of the | 20 | | evaluation, identification, and counseling procedures
and | 21 | | programs developed under this Act. The Board shall also | 22 | | develop and
prescribe a system for implementation of the | 23 | | guidelines and standards developed
under paragraph (2) of | 24 | | this subsection (f) and for tracking offenders who
have | 25 | | been subjected to evaluation, identification, and | 26 | | treatment
under
this Act. In addition, the Board shall |
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| 1 | | develop a system for monitoring
offender behaviors and | 2 | | offender adherence to prescribed behavioral changes.
The | 3 | | results of the tracking and behavioral monitoring shall be | 4 | | a part of any
analysis made under this paragraph (4).
| 5 | | (g) The Board may promulgate rules as are necessary to | 6 | | carry
out the duties of the Board.
| 7 | | (h) The Board and the individual members of the Board shall | 8 | | be immune from
any liability, whether civil or criminal, for | 9 | | the good faith performance of
the duties of the Board as | 10 | | specified in this Section.
| 11 | | (Source: P.A. 97-257, eff. 1-1-12.)
| 12 | | (20 ILCS 4026/16)
| 13 | | Sec. 16. Sex offender evaluation and identification | 14 | | required.
| 15 | | (a) Beginning on January 1, 2004 the effective date of this | 16 | | amendatory Act of the 93rd
General Assembly , each felony sex | 17 | | offender who is to be considered for
probation shall
be | 18 | | required as part of the pre-sentence or social investigation to | 19 | | submit to
an evaluation for treatment, an evaluation for risk, | 20 | | and procedures for
monitoring of behavior to protect victims | 21 | | and potential victims developed
pursuant to item (1) of | 22 | | subsection (f) of Section 15 of this Act.
| 23 | | (b) Beginning on January 1, 2014, the The evaluation | 24 | | required by subsection (a) of this Section shall be by a sex | 25 | | offender evaluator or associate sex offender provider as |
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| 1 | | defined in Section 10 of this Act an
evaluator approved by the | 2 | | Sex Offender Management Board and shall be at the
expense of | 3 | | the person evaluated, based upon that person's ability to pay | 4 | | for
such treatment.
| 5 | | (Source: P.A. 93-616, eff. 1-1-04.) | 6 | | (20 ILCS 4026/17)
| 7 | | Sec. 17. Sentencing of sex offenders; treatment based upon | 8 | | evaluation and
identification required.
| 9 | | (a) Each felony sex offender sentenced by the court for a | 10 | | sex offense shall
be
required as a part of any sentence to | 11 | | probation, conditional release, or
periodic imprisonment to | 12 | | undergo treatment based upon the recommendations of
the | 13 | | evaluation made pursuant to Section 16 or based upon any | 14 | | subsequent
recommendations by the Administrative Office of the | 15 | | Illinois Courts or the
county probation department, whichever | 16 | | is appropriate. Beginning on January 1, 2014, the Any such | 17 | | treatment and
monitoring shall be at a facility or with a sex | 18 | | offender treatment provider or associate sex offender provider | 19 | | as defined in Section 10 of this Act person approved by the | 20 | | Board and at
the such offender's own expense based upon the | 21 | | offender's ability to pay for such
treatment.
| 22 | | (b) Beginning on January 1, 2004 the effective date of this | 23 | | amendatory Act of the 93rd
General Assembly , each sex offender | 24 | | placed on parole or mandatory supervised
release by the | 25 | | Prisoner Review Board shall be required as a condition of |
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| 1 | | parole
to undergo treatment based upon any evaluation or | 2 | | subsequent reevaluation
regarding such offender during the | 3 | | offender's incarceration or any period of
parole. Beginning on | 4 | | January 1, 2014, the Any such treatment shall be by a sex | 5 | | offender treatment provider or associate sex offender provider | 6 | | as defined in Section 10 of this Act an individual approved by | 7 | | the Board and
at the offender's expense based upon the | 8 | | offender's ability to pay for such
treatment.
| 9 | | (Source: P.A. 93-616, eff. 1-1-04.) | 10 | | (20 ILCS 4026/18)
| 11 | | Sec. 18. Sex offender treatment contracts with providers. | 12 | | The county
probation department or the Department of Human | 13 | | Services shall not employ or
contract with and shall not allow | 14 | | a sex offender to employ or contract with any
individual or | 15 | | entity to provide sex offender evaluation or treatment services
| 16 | | pursuant to this Act unless the sex offender evaluation or | 17 | | treatment services
provided are by a person licensed under the | 18 | | Sex Offender Evaluation and Treatment Provider Act an | 19 | | individual approved by the Board pursuant to item (2) of
| 20 | | subsection (f) of Section 15 of this Act.
| 21 | | (Source: P.A. 93-616, eff. 1-1-04.) | 22 | | (20 ILCS 4026/19)
| 23 | | Sec. 19. Sex Offender Management Board Fund.
All | 24 | | unobligated and unexpended moneys remaining in the Sex Offender |
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| 1 | | Management Board Fund on the effective date of this amendatory | 2 | | Act of the 97th General Assembly shall be transferred into the | 3 | | General Professions Dedicated Fund, a special fund in the State | 4 | | treasury, to be expended for use by the Department of Financial | 5 | | and Professional Regulation for the purpose of implementing the | 6 | | provisions of the Sex Offender Evaluation and Treatment | 7 | | Provider Act with the exception of $5,000 which shall remain in | 8 | | the Fund for use by the Board. | 9 | | (a) Any and all practices endorsed or required under this | 10 | | Act, including
but
not limited
to evaluation, treatment, or | 11 | | monitoring of programs that are or may be
developed by the | 12 | | agency
providing supervision
or the Department of Corrections
| 13 | | shall be at the expense of the person evaluated or treated, | 14 | | based upon the
person's ability to pay.
If it is determined by | 15 | | the agency providing supervision
or the Department of
| 16 | | Corrections that the person does not have the ability to pay
| 17 | | for practices
endorsed or required by this Act, the agency | 18 | | providing supervision of the sex
offender shall
request | 19 | | reimbursement for services required under this Act for which | 20 | | the agency has provided funding. The
agency providing | 21 | | supervision
or the Department of Corrections
shall develop | 22 | | factors to be considered and criteria to determine a person's
| 23 | | ability to pay. The
Sex Offender Management Board shall | 24 | | coordinate the expenditures of moneys from
the Sex Offender | 25 | | Management Board Fund. The Board shall allocate moneys
| 26 | | deposited in this
Fund among the agency providing supervision
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| 1 | | or the Department of Corrections.
| 2 | | (b) (Blank). Up to 20% of this Fund shall be retained by | 3 | | the Sex Offender
Management Board for administrative costs, | 4 | | including staff, incurred pursuant
to this Act.
| 5 | | (c) Monies expended for this Fund shall be used to comply | 6 | | with the provisions of this Act supplement, not
replace | 7 | | offenders' self-pay, or county appropriations for probation | 8 | | and court
services .
| 9 | | (d) Interest earned on monies deposited in this Fund may be | 10 | | used by
the Board for its administrative costs and expenses.
| 11 | | (e) In addition to the funds provided by the sex offender, | 12 | | counties,
or Departments providing treatment, the Board shall | 13 | | explore funding sources
including but not limited to State, | 14 | | federal, and private funds.
| 15 | | (Source: P.A. 93-616, eff. 1-1-04; 94-706, eff. 6-1-06 .)
| 16 | | (20 ILCS 4026/20)
| 17 | | Sec. 20. Report to the General Assembly. The Board shall | 18 | | submit an annual report to the General Assembly regarding the | 19 | | training and educational programs developed and presented Upon | 20 | | completion of the duties
prescribed in paragraphs (1) and (2) | 21 | | of subsection (f) of Section 15, the Board
shall make a report | 22 | | to the General
Assembly regarding the standardized procedures | 23 | | developed under this
Act, the standardized programs developed | 24 | | under this Act, the
plans for implementation developed under | 25 | | this Act, and the plans for
research and analysis developed |
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| 1 | | under this Act.
| 2 | | (Source: P.A. 90-133, eff. 7-22-97.)
| 3 | | Section 180. The State Finance Act is amended by changing | 4 | | Section 6z-38 as follows:
| 5 | | (30 ILCS 105/6z-38)
| 6 | | Sec. 6z-38. General Professions Dedicated Fund. The | 7 | | General Professions
Dedicated Fund is created in the State | 8 | | treasury. Moneys in the Fund shall be
invested and earnings on | 9 | | the investments shall be retained in the Fund. Moneys
in the | 10 | | Fund shall be appropriated to the Department of Professional | 11 | | Regulation
for the ordinary and contingent expenses of the | 12 | | Department , except for moneys transferred under Section 19 of | 13 | | the Sex Offender Management Board Act which shall be | 14 | | appropriated for the purpose of implementing the provisions of | 15 | | the Sex Offender Evaluation and Treatment Provider Act . Moneys | 16 | | in the Fund
may be transferred to the Professions Indirect Cost | 17 | | Fund as authorized by
Section 2105-300 of the Department of | 18 | | Professional Regulation Law
(20 ILCS 2105/2105-300).
| 19 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 20 | | Section 185. The Sexually Dangerous Persons Act is amended | 21 | | by changing Section 8 as follows: | 22 | | (725 ILCS 205/8) (from Ch. 38, par. 105-8)
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| 1 | | Sec. 8. If the respondent is found to be a sexually | 2 | | dangerous person then
the court shall appoint the Director of | 3 | | Corrections guardian of the person
found to be sexually | 4 | | dangerous and such person shall stand committed to the
custody | 5 | | of such guardian. The Director of Corrections as guardian shall
| 6 | | keep safely the person so committed until the person has | 7 | | recovered and is
released as hereinafter provided. The Director | 8 | | of Corrections as guardian
shall provide care and treatment for | 9 | | the person committed to him designed
to effect recovery.
Any | 10 | | treatment provided under this Section shall be in conformance | 11 | | with the
standards promulgated by the Sex Offender Management | 12 | | Board Act and conducted by
a
treatment provider licensed under | 13 | | the Sex Offender Evaluation and Treatment Provider Act approved | 14 | | by the Board .
The Director may place that ward in any facility | 15 | | in the
Department of Corrections or portion thereof set aside | 16 | | for the care and
treatment of sexually dangerous persons. The | 17 | | Department of Corrections may
also request another state | 18 | | Department or Agency to examine such person and
upon such | 19 | | request, such Department or Agency shall make such examination
| 20 | | and the Department of Corrections may, with the consent of the | 21 | | chief
executive officer of such other Department or Agency, | 22 | | thereupon place such
person in the care and treatment of such | 23 | | other Department or
Agency.
| 24 | | (Source: P.A. 92-786, eff. 8-6-02; 93-616, eff. 1-1-04.)
| 25 | | Section 190. The Sexually Violent Persons Commitment Act is |
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| 1 | | amended by changing Sections 10, 40, 55, 60, and 65 as follows: | 2 | | (725 ILCS 207/10)
| 3 | | Sec. 10. Notice to the Attorney General and State's | 4 | | Attorney.
| 5 | | (a) In this Act, "agency with jurisdiction" means the | 6 | | agency
with the authority or duty to release or discharge the | 7 | | person.
| 8 | | (b) If an agency with jurisdiction has control or custody | 9 | | over
a person who may meet the criteria for commitment as a | 10 | | sexually
violent person, the agency with jurisdiction shall | 11 | | inform the
Attorney General and the State's Attorney in a | 12 | | position to file a
petition under paragraph (a)(2) of Section | 13 | | 15 of this Act regarding the
person as soon as possible | 14 | | beginning 3 months prior to the applicable
date of the | 15 | | following:
| 16 | | (1) The anticipated release from imprisonment or the
| 17 | | anticipated entry into mandatory supervised release of a | 18 | | person
who has been convicted of a sexually violent | 19 | | offense.
| 20 | | (2) The anticipated release from a Department of | 21 | | Corrections
correctional facility or juvenile correctional | 22 | | facility of a
person adjudicated delinquent under Section | 23 | | 5-20 of the Juvenile
Court Act of 1987 (now repealed) or | 24 | | found guilty under Section 5-620 of that
Act, on the basis | 25 | | of a sexually violent offense.
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| 1 | | (3) The discharge or conditional release of a person | 2 | | who has
been found not guilty of a sexually violent offense | 3 | | by reason of
insanity under Section 5-2-4 of
the Unified | 4 | | Code of Corrections.
| 5 | | (c) The agency with jurisdiction shall provide the Attorney
| 6 | | General and the State's Attorney with all of the following:
| 7 | | (1) The person's name, identifying factors, | 8 | | anticipated
future residence and offense history;
| 9 | | (2) A comprehensive evaluation of the person's mental
| 10 | | condition, the basis upon which a determination has been | 11 | | made that
the person is subject to commitment under | 12 | | subsection (b) of Section 15 of this
Act and a | 13 | | recommendation for action in furtherance of the purposes
of | 14 | | this Act. The evaluation shall be conducted in conformance | 15 | | with the
standards developed under the Sex Offender | 16 | | Management Board Act and by an
evaluator licensed under the | 17 | | Sex Offender Evaluation and Treatment Provider Act | 18 | | approved by the Board ; and
| 19 | | (3) If applicable, documentation of any treatment and | 20 | | the
person's adjustment to any institutional placement.
| 21 | | (d) Any agency or officer, employee or agent of an agency | 22 | | is
immune from criminal or civil liability for any acts or | 23 | | omissions
as the result of a good faith effort to comply with | 24 | | this Section.
| 25 | | (Source: P.A. 93-616, eff. 1-1-04.)
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| 1 | | (725 ILCS 207/40)
| 2 | | Sec. 40. Commitment.
| 3 | | (a) If a court or jury determines that the person who is | 4 | | the
subject of a petition under Section 15 of this Act is a | 5 | | sexually
violent person, the court shall order the person to be | 6 | | committed
to the custody of the Department for control, care | 7 | | and treatment
until such time as the person is no longer a | 8 | | sexually violent
person.
| 9 | | (b) (1) The court shall enter an initial commitment order | 10 | | under
this Section pursuant to a hearing held as soon as | 11 | | practicable
after the judgment is entered that the person | 12 | | who is the subject of a
petition under Section 15 is a | 13 | | sexually violent person.
If the court lacks sufficient | 14 | | information to make the
determination required by | 15 | | paragraph (b)(2) of this Section
immediately after trial, | 16 | | it may adjourn the hearing and order the
Department to | 17 | | conduct a predisposition investigation or a
supplementary | 18 | | mental examination, or both, to assist the court in
framing | 19 | | the commitment order. If the Department's examining | 20 | | evaluator previously rendered an opinion that the person | 21 | | who is the subject of a petition under Section 15 does not | 22 | | meet the criteria to be found a sexually violent person, | 23 | | then another evaluator shall conduct the predisposition | 24 | | investigation and/or supplementary mental examination. A | 25 | | supplementary mental examination
under this Section shall | 26 | | be conducted in accordance with Section
3-804 of the Mental |
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| 1 | | Health and Developmental Disabilities Code.
The State has | 2 | | the right to have the person evaluated by experts chosen by | 3 | | the State.
| 4 | | (2) An order for commitment under this Section shall | 5 | | specify
either institutional care in a secure facility, as | 6 | | provided under
Section 50 of this Act, or conditional | 7 | | release. In determining
whether commitment shall be for | 8 | | institutional care in a secure
facility or for conditional | 9 | | release, the court shall consider the
nature and | 10 | | circumstances of the behavior that was the basis of the
| 11 | | allegation in the petition under paragraph (b)(1) of | 12 | | Section 15, the person's
mental history and present mental | 13 | | condition, and what
arrangements are available to ensure | 14 | | that the person has access to
and will participate in | 15 | | necessary treatment.
All treatment, whether in | 16 | | institutional care, in a secure facility, or while
on
| 17 | | conditional release, shall be conducted in conformance
| 18 | | with the standards developed under the Sex Offender | 19 | | Management Board
Act and conducted by a treatment provider | 20 | | licensed under the Sex Offender Evaluation and Treatment | 21 | | Provider Act approved by the Board .
The Department shall
| 22 | | arrange for control, care and treatment of the person in | 23 | | the least
restrictive manner consistent with the | 24 | | requirements of the person
and in accordance with the | 25 | | court's commitment order.
| 26 | | (3) If the court finds that the person is appropriate |
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| 1 | | for
conditional release, the court shall notify the | 2 | | Department. The
Department shall prepare a plan that | 3 | | identifies the treatment and
services, if any, that the | 4 | | person will receive in the community.
The plan shall | 5 | | address the person's need, if any, for
supervision, | 6 | | counseling, medication, community support services,
| 7 | | residential services, vocational services, and alcohol or | 8 | | other
drug abuse treatment. The Department may contract | 9 | | with a county
health department, with another public agency | 10 | | or with a private
agency to provide the treatment and | 11 | | services identified in the
plan. The plan shall specify who | 12 | | will be responsible for
providing the treatment and | 13 | | services identified in the plan. The
plan shall be | 14 | | presented to the court for its approval within 60
days | 15 | | after the court finding that the person is appropriate for
| 16 | | conditional release, unless the Department and the person | 17 | | to be
released request additional time to develop the plan.
| 18 | | The conditional release program operated under this | 19 | | Section is not
subject to the provisions of the Mental | 20 | | Health and Developmental Disabilities
Confidentiality Act.
| 21 | | (4) An order for conditional release places the person | 22 | | in
the custody and control of the Department. A person on
| 23 | | conditional release is subject to the conditions set by the | 24 | | court
and to the rules of the Department. Before a person | 25 | | is placed on
conditional release by the court under this | 26 | | Section, the court
shall so notify the municipal police |
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| 1 | | department and county sheriff
for the municipality and | 2 | | county in which the person will be
residing. The | 3 | | notification requirement under this Section does
not apply | 4 | | if a municipal police department or county sheriff
submits | 5 | | to the court a written statement waiving the right to be
| 6 | | notified. Notwithstanding any other provision in the Act, | 7 | | the person being supervised on conditional release shall | 8 | | not reside at the same street address as another sex | 9 | | offender being supervised on conditional release under | 10 | | this Act, mandatory supervised release, parole, probation, | 11 | | or any other manner of supervision. If the Department | 12 | | alleges that a released person has
violated any condition | 13 | | or rule, or that the safety of others
requires that | 14 | | conditional release be revoked, he or she may be
taken into | 15 | | custody under the rules of the Department.
| 16 | | At any time during which the person is on conditional | 17 | | release, if the
Department determines that the person has | 18 | | violated any condition or rule, or
that the safety of | 19 | | others requires that conditional release be revoked, the
| 20 | | Department may request the Attorney General or State's | 21 | | Attorney to request the
court to issue an emergency ex | 22 | | parte order directing any law enforcement
officer
to take | 23 | | the person into custody and transport the person to the | 24 | | county jail.
The Department may request, or the Attorney | 25 | | General or State's Attorney may
request independently of | 26 | | the Department, that a petition to revoke conditional
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| 1 | | release be filed. When a petition is filed, the court may | 2 | | order the Department
to issue a notice to the person to be | 3 | | present at the Department or other
agency designated by the | 4 | | court, order a summons to the person to be present, or
| 5 | | order a body attachment for all law enforcement officers to | 6 | | take the person
into custody and transport him or her to | 7 | | the county jail, hospital, or
treatment
facility.
The
| 8 | | Department shall submit a statement showing probable cause | 9 | | of the
detention and a petition to revoke the order for | 10 | | conditional
release to the committing court within 48 hours | 11 | | after the
detention. The court shall hear the petition | 12 | | within 30 days,
unless the hearing or time deadline is | 13 | | waived by the detained
person. Pending the revocation | 14 | | hearing, the Department may detain
the person in a jail, in | 15 | | a hospital or treatment facility. The
State has the burden | 16 | | of proving by clear and convincing evidence
that any rule | 17 | | or condition of release has been violated, or that
the | 18 | | safety of others requires that the conditional release be
| 19 | | revoked. If the court determines after hearing that any | 20 | | rule or
condition of release has been violated, or that the | 21 | | safety of
others requires that conditional release be | 22 | | revoked, it may revoke
the order for conditional release | 23 | | and order that the released
person be placed in an | 24 | | appropriate institution until the person is
discharged | 25 | | from the commitment under Section 65 of this Act or
until | 26 | | again placed on conditional release under Section 60 of |
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| 1 | | this
Act.
| 2 | | (5) An order for conditional release places the person | 3 | | in the custody,
care, and control of the Department. The | 4 | | court shall order the person be
subject to the following | 5 | | rules of conditional release, in addition to any other
| 6 | | conditions ordered, and the person shall be given a | 7 | | certificate setting forth
the
conditions of conditional | 8 | | release. These conditions shall be that the person:
| 9 | | (A) not violate any criminal statute of any | 10 | | jurisdiction;
| 11 | | (B) report to or appear in person before such | 12 | | person or agency as
directed by the court and the | 13 | | Department;
| 14 | | (C) refrain from possession of a firearm or other | 15 | | dangerous weapon;
| 16 | | (D) not leave the State without the consent of the | 17 | | court or, in
circumstances in which the reason for the | 18 | | absence is of such an emergency
nature, that prior | 19 | | consent by the court is not possible without the prior
| 20 | | notification and approval of the Department;
| 21 | | (E) at the direction of the Department, notify | 22 | | third parties of the
risks that may be occasioned by | 23 | | his or her criminal record or sexual offending
history | 24 | | or characteristics, and permit the supervising officer | 25 | | or agent to make
the
notification requirement;
| 26 | | (F) attend and fully participate in assessment, |
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| 1 | | treatment, and behavior
monitoring including, but not | 2 | | limited to, medical, psychological or psychiatric
| 3 | | treatment specific to sexual offending, drug | 4 | | addiction, or alcoholism, to the
extent appropriate to | 5 | | the person based upon the recommendation and findings
| 6 | | made in the Department evaluation or based upon any | 7 | | subsequent recommendations
by the Department;
| 8 | | (G) waive confidentiality allowing the court and | 9 | | Department access to
assessment or treatment results | 10 | | or both;
| 11 | | (H) work regularly at a Department approved | 12 | | occupation or pursue a
course of study or vocational | 13 | | training and notify the Department within
72 hours of | 14 | | any change in employment, study, or training;
| 15 | | (I) not be employed or participate in any volunteer | 16 | | activity that
involves contact with children, except | 17 | | under circumstances approved in advance
and in writing | 18 | | by the Department officer;
| 19 | | (J) submit to the search of his or her person, | 20 | | residence, vehicle, or
any personal or
real property | 21 | | under his or her control at any time by the Department;
| 22 | | (K) financially support his or her dependents and | 23 | | provide the Department
access
to any requested | 24 | | financial information;
| 25 | | (L) serve a term of home confinement, the | 26 | | conditions of which shall be
that the person:
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| 1 | | (i) remain within the interior premises of the | 2 | | place designated for
his or her confinement during | 3 | | the hours designated by the Department;
| 4 | | (ii) admit any person or agent designated by | 5 | | the Department into the
offender's place of | 6 | | confinement at any time for purposes of verifying | 7 | | the
person's compliance with the condition of his | 8 | | or her confinement;
| 9 | | (iii) if deemed necessary by the Department, | 10 | | be placed on an
electronic monitoring device;
| 11 | | (M) comply with the terms and conditions of an | 12 | | order of protection
issued by the court pursuant to the | 13 | | Illinois Domestic Violence Act of 1986. A
copy of the | 14 | | order of protection shall be
transmitted to the | 15 | | Department by the clerk of the court;
| 16 | | (N) refrain from entering into a designated | 17 | | geographic area except upon
terms the Department finds | 18 | | appropriate. The terms may include
consideration of | 19 | | the purpose of the entry, the time of day, others | 20 | | accompanying
the person, and advance approval by the | 21 | | Department;
| 22 | | (O) refrain from having any contact, including | 23 | | written or oral
communications, directly or | 24 | | indirectly, with certain specified persons
including, | 25 | | but not limited to, the victim or the victim's family, | 26 | | and
report any incidental contact with the victim or |
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| 1 | | the victim's family to
the Department within 72 hours; | 2 | | refrain from entering onto the premises of,
traveling
| 3 | | past,
or loitering near the victim's residence, place | 4 | | of employment, or other places
frequented by the | 5 | | victim;
| 6 | | (P) refrain from having any contact, including | 7 | | written or oral
communications, directly or | 8 | | indirectly, with particular types of persons,
| 9 | | including but not limited to members of street gangs, | 10 | | drug users, drug dealers,
or prostitutes;
| 11 | | (Q) refrain from all contact, direct or indirect, | 12 | | personally, by
telephone, letter, or through another | 13 | | person, with minor children without prior
| 14 | | identification and approval of the Department;
| 15 | | (R) refrain from having in his or her body the | 16 | | presence of alcohol
or any illicit drug prohibited by | 17 | | the Cannabis Control Act, the
Illinois
Controlled | 18 | | Substances Act, or the Methamphetamine Control and | 19 | | Community Protection Act, unless prescribed by a | 20 | | physician, and submit samples
of his or her breath, | 21 | | saliva, blood, or urine
for tests to determine the
| 22 | | presence of alcohol or any illicit drug;
| 23 | | (S) not establish a dating, intimate, or sexual | 24 | | relationship with a
person without prior written | 25 | | notification to the Department;
| 26 | | (T) neither possess or have under his or her |
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| 1 | | control any material that
is
pornographic, sexually | 2 | | oriented, or sexually stimulating, or that depicts or
| 3 | | alludes to sexual activity or depicts minors under the | 4 | | age of 18, including but
not limited to visual, | 5 | | auditory, telephonic, electronic media, or any matter
| 6 | | obtained through access to any computer or material | 7 | | linked to computer access
use;
| 8 | | (U) not patronize any business providing sexually | 9 | | stimulating or
sexually oriented entertainment nor | 10 | | utilize "900" or
adult telephone numbers or any other | 11 | | sex-related telephone numbers;
| 12 | | (V) not reside near, visit, or be in or about | 13 | | parks, schools, day care
centers, swimming pools, | 14 | | beaches, theaters, or any other places where minor
| 15 | | children congregate without advance approval of the | 16 | | Department and report any
incidental contact with | 17 | | minor children to the Department within 72 hours;
| 18 | | (W) not establish any living arrangement or | 19 | | residence without prior
approval of the Department;
| 20 | | (X) not publish any materials or print any | 21 | | advertisements without
providing a copy of the | 22 | | proposed publications to the Department officer and
| 23 | | obtaining
permission prior to publication;
| 24 | | (Y) not leave the county except with prior | 25 | | permission of the Department
and provide the | 26 | | Department officer or agent with written travel routes |
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| 1 | | to and
from work and any other designated destinations;
| 2 | | (Z) not possess or have under his or her control | 3 | | certain specified items
of
contraband related to the | 4 | | incidence of sexually offending items including video
| 5 | | or
still camera items or children's toys;
| 6 | | (AA) provide a written daily log of activities as | 7 | | directed by the
Department;
| 8 | | (BB) comply with all other special conditions that | 9 | | the Department may
impose that restrict the person from | 10 | | high-risk situations and limit access or
potential | 11 | | victims.
| 12 | | (6) A person placed on conditional release and who | 13 | | during the term
undergoes mandatory drug or alcohol testing | 14 | | or is assigned to be
placed on an approved electronic | 15 | | monitoring device may be ordered to pay all
costs | 16 | | incidental to the mandatory drug or alcohol testing and all
| 17 | | costs incidental to the approved electronic monitoring in | 18 | | accordance with the
person's ability to pay those costs. | 19 | | The Department may establish reasonable
fees for the cost | 20 | | of maintenance, testing, and incidental expenses related | 21 | | to
the mandatory drug or alcohol testing and all costs | 22 | | incidental to
approved electronic monitoring.
| 23 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 24 | | (725 ILCS 207/55)
| 25 | | Sec. 55. Periodic reexamination; report.
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| 1 | | (a) If a person has been committed under Section 40 of this | 2 | | Act
and has not been discharged under Section 65 of this Act, | 3 | | the
Department shall submit a written report to the court on | 4 | | his or her mental
condition within 6 months after an initial | 5 | | commitment under
Section 40 and then at least once every 12 | 6 | | months thereafter for
the purpose of determining whether the | 7 | | person has made sufficient
progress to be conditionally | 8 | | released or discharged. At the time of
a reexamination under | 9 | | this Section, the person who has been
committed may retain or, | 10 | | if he or she is indigent and so requests,
the court may appoint | 11 | | a qualified expert or a professional person
to examine him or | 12 | | her.
| 13 | | (b) Any examiner conducting an examination under this | 14 | | Section
shall prepare a written report of the examination no | 15 | | later than 30
days after the date of the examination. The | 16 | | examiner shall place
a copy of the report in the person's | 17 | | health care records and shall
provide a copy of the report to | 18 | | the court that committed the
person under Section 40.
The | 19 | | examination shall be conducted in conformance with the | 20 | | standards
developed under the Sex Offender Management Board Act | 21 | | and by an evaluator licensed under the Sex Offender Evaluation | 22 | | and Treatment Provider Act
approved by the Board .
| 23 | | (c) Notwithstanding subsection (a) of this Section, the | 24 | | court
that committed a person under Section 40 may order a | 25 | | reexamination
of the person at any time during the period in | 26 | | which the person is
subject to the commitment order.
Any |
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| 1 | | examiner conducting an examination under this Section shall | 2 | | prepare a written report of the examination no later than 30 | 3 | | days after the date of the examination.
| 4 | | (d) Petitions for discharge after reexamination must | 5 | | follow the
procedure
outlined in
Section 65 of this Act.
| 6 | | (Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
| 7 | | (725 ILCS 207/60)
| 8 | | Sec. 60. Petition for conditional release.
| 9 | | (a) Any person who is committed for institutional care in a
| 10 | | secure facility or other facility under Section 40 of this Act | 11 | | may
petition the committing court to modify its order by | 12 | | authorizing
conditional release if at least 6 months have | 13 | | elapsed since the
initial commitment order was entered, an | 14 | | order continuing commitment was entered pursuant to Section 65, | 15 | | the most recent release
petition was denied or the most recent | 16 | | order for conditional
release was revoked. The director of the | 17 | | facility at which the
person is placed may file a petition | 18 | | under this Section on the
person's behalf at any time.
If the | 19 | | evaluator on behalf of the Department recommends that the | 20 | | committed person is appropriate for conditional release, then | 21 | | the director or designee shall, within 30 days of receipt of | 22 | | the evaluator's report, file with the committing court notice | 23 | | of his or her intention whether or not to petition for | 24 | | conditional release on the committed person's behalf.
| 25 | | (b) If the person files a timely petition without counsel, |
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| 1 | | the
court shall serve a copy of the petition on the Attorney | 2 | | General
or State's Attorney, whichever is applicable and, | 3 | | subject to
paragraph (c)(1) of Section 25 of this Act, appoint | 4 | | counsel. If the person
petitions through counsel, his or her | 5 | | attorney shall serve the
Attorney General or State's Attorney, | 6 | | whichever is applicable.
| 7 | | (c) Within 20 days after receipt of the petition, upon the | 8 | | request of the committed person or on the court's own motion, | 9 | | the court may
appoint an examiner having the specialized
| 10 | | knowledge determined by the court to be appropriate, who shall
| 11 | | examine the mental condition of the person and furnish a | 12 | | written report of
the
examination
to the court within 30 days | 13 | | after appointment. The examiners
shall have reasonable access | 14 | | to the person for purposes of
examination and to the person's | 15 | | past and present treatment records
and patient health care | 16 | | records. If any such examiner believes
that the person is | 17 | | appropriate for conditional release, the
examiner shall report | 18 | | on the type of treatment and services that
the person may need | 19 | | while in the community on conditional release. The State
has | 20 | | the right to have the person evaluated by experts chosen by the | 21 | | State.
Any examination or evaluation conducted under this | 22 | | Section shall be in
conformance with the standards developed | 23 | | under the Sex Offender
Management Board Act and conducted by an | 24 | | evaluator licensed under the Sex Offender Evaluation and | 25 | | Treatment Provider Act approved by the Board .
The
court shall | 26 | | set a probable cause hearing as soon as practical after the
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| 1 | | examiners' reports are filed. The probable cause hearing shall | 2 | | consist of a review of the examining evaluators' reports and | 3 | | arguments on behalf of the parties. If the court determines at | 4 | | the probable cause
hearing that cause exists to believe that it | 5 | | is not substantially probable that
the person will engage in | 6 | | acts of sexual violence if on release or conditional
release, | 7 | | the court shall set a hearing on the issue.
| 8 | | (d) The court, without a jury, shall hear the petition as | 9 | | soon as practical after the reports of all examiners are filed
| 10 | | with the court. The
court shall grant the petition unless the | 11 | | State proves by clear
and convincing evidence that the person | 12 | | has not made sufficient progress to
be conditionally released. | 13 | | In making a decision under
this subsection, the court must | 14 | | consider the nature and
circumstances of the behavior that was | 15 | | the basis of the allegation
in the petition under paragraph | 16 | | (b)(1) of Section 15 of this Act, the person's
mental history | 17 | | and present mental condition, and what
arrangements are | 18 | | available to ensure that the person has access to
and will | 19 | | participate in necessary treatment.
| 20 | | (e) Before the court may enter an order directing | 21 | | conditional release to
a less restrictive alternative it must | 22 | | find the following: (1) the person will
be treated by a | 23 | | Department approved treatment provider, (2) the treatment
| 24 | | provider has presented a specific course of treatment and has | 25 | | agreed to assume
responsibility for the treatment and will | 26 | | report progress to the Department on
a regular basis, and will |
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| 1 | | report violations immediately to the Department,
consistent | 2 | | with treatment and supervision needs of the respondent, (3) | 3 | | housing
exists that is sufficiently secure to protect the | 4 | | community, and the person or
agency providing housing to the | 5 | | conditionally released person has agreed in
writing to accept | 6 | | the person, to provide the level of security required by the
| 7 | | court, and
immediately to report to the Department if the | 8 | | person leaves the housing to
which he or she has been assigned | 9 | | without authorization, (4) the person is
willing to or has | 10 | | agreed to comply with the treatment provider, the Department,
| 11 | | and
the court, and (5) the person has agreed or is willing to | 12 | | agree to comply
with the behavioral monitoring requirements | 13 | | imposed by the court and the
Department.
| 14 | | (f) If the court finds that the person is appropriate for
| 15 | | conditional release, the court shall notify the Department. The
| 16 | | Department shall prepare a plan that identifies the treatment | 17 | | and
services, if any, that the person will receive in the | 18 | | community.
The plan shall address the person's need, if any, | 19 | | for supervision,
counseling, medication, community support | 20 | | services, residential
services, vocational services, and | 21 | | alcohol or other drug abuse
treatment. The Department may | 22 | | contract with a county health
department, with another public | 23 | | agency or with a private agency to
provide the treatment and | 24 | | services identified in the plan. The
plan shall specify who | 25 | | will be responsible for providing the
treatment and services | 26 | | identified in the plan. The plan shall be
presented to the |
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| 1 | | court for its approval within 60 days after the
court finding | 2 | | that the person is appropriate for conditional
release, unless | 3 | | the Department and the person to be released
request additional | 4 | | time to develop the plan.
| 5 | | (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) | 6 | | of Section 40 of this Act
apply to an
order for conditional | 7 | | release issued under this Section.
| 8 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 9 | | (725 ILCS 207/65)
| 10 | | Sec. 65. Petition for discharge; procedure.
| 11 | | (a)(1) If the Secretary determines at any time that a | 12 | | person
committed under this Act is no longer a sexually violent | 13 | | person,
the Secretary shall authorize the person to petition | 14 | | the
committing court for discharge. If the evaluator on behalf | 15 | | of the Department recommends that the committed person is no | 16 | | longer a sexually violent person, then the Secretary or | 17 | | designee shall, within 30 days of receipt of the evaluator's | 18 | | report, file with the committing court notice of his or her | 19 | | determination whether or not to authorize the committed person | 20 | | to petition the committing court for discharge. The person | 21 | | shall file the
petition with the court and serve a copy upon | 22 | | the Attorney General
or the State's Attorney's office that | 23 | | filed the petition under
subsection (a) of Section 15 of this | 24 | | Act, whichever is applicable. The court,
upon receipt of the | 25 | | petition for discharge, shall order a hearing
to be held as |
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| 1 | | soon as practical after the date of receipt of the
petition.
| 2 | | (2) At a hearing under this subsection, the Attorney | 3 | | General
or State's Attorney, whichever filed the original | 4 | | petition, shall
represent the State and shall have the right to | 5 | | have the
petitioner examined by an expert or professional | 6 | | person of his or
her choice. The examination shall be conducted | 7 | | in conformance with the
standards developed under the Sex | 8 | | Offender Management Board Act and by an
evaluator licensed | 9 | | under the Sex Offender Evaluation and Treatment Provider Act | 10 | | approved by the Board . The
committed person or the State may | 11 | | elect to have the hearing
before a jury.
The State has the | 12 | | burden of proving by clear and convincing
evidence that the | 13 | | petitioner is still a sexually violent person.
| 14 | | (3) If the court or jury is satisfied that the State has | 15 | | not met its
burden of proof under paragraph (a)(2) of this | 16 | | Section, the
petitioner shall be discharged from the custody or | 17 | | supervision of
the Department. If the court is satisfied that | 18 | | the State has met
its burden of proof under paragraph (a)(2), | 19 | | the court may proceed
under Section 40 of this Act to determine | 20 | | whether to modify the
petitioner's existing commitment order.
| 21 | | (b)(1) A person may petition the committing court for | 22 | | discharge
from custody or supervision without the Secretary's | 23 | | approval. At
the time of an examination under subsection (a) of | 24 | | Section 55 of this Act, the
Secretary shall provide the | 25 | | committed person with a written notice
of the person's right to | 26 | | petition the court for discharge over the
Secretary's |
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| 1 | | objection. The notice shall contain a waiver of
rights. The | 2 | | Secretary shall forward the notice and waiver form to
the court | 3 | | with the report of the Department's examination under
Section | 4 | | 55 of this Act. If the person does not affirmatively
waive the | 5 | | right to petition, the court shall set a probable cause
hearing | 6 | | to determine whether facts exist that warrant a hearing on
| 7 | | whether the person is still a sexually violent person.
If a
| 8 | | person does not file a petition for discharge, yet fails to | 9 | | waive the right to
petition under
this Section, then the | 10 | | probable cause hearing consists only of a review of
the
| 11 | | reexamination reports and arguments on behalf of the parties.
| 12 | | The
committed person has a right to have an attorney represent | 13 | | him or
her at the probable cause hearing, but the person is not | 14 | | entitled
to be present at the probable cause hearing.
The
| 15 | | probable cause hearing under this Section must be held as soon | 16 | | as practical after the
filing of the
reexamination report under | 17 | | Section 55 of this Act.
| 18 | | (2) If the court determines at the probable cause hearing
| 19 | | under paragraph (b)(1) of this Section that probable cause | 20 | | exists
to believe that the committed person is no longer a | 21 | | sexually
violent person, then the court shall set a hearing on | 22 | | the issue.
At a hearing under this Section, the committed | 23 | | person is entitled
to be present and to the benefit of the | 24 | | protections afforded to
the person under Section 25 of this | 25 | | Act.
The
committed person or the State may elect to have a | 26 | | hearing under this Section
before a
jury. A verdict of a jury |
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| 1 | | under this Section is not valid unless it is
unanimous.
The | 2 | | Attorney General or
State's Attorney, whichever filed the | 3 | | original petition, shall
represent the State at a hearing under | 4 | | this Section. The State has the right
to have the committed | 5 | | person evaluated by experts chosen by the
State.
The | 6 | | examination shall be conducted in conformance with the | 7 | | standards
developed under the Sex Offender Management Board Act | 8 | | and by an evaluator licensed under the Sex Offender Evaluation | 9 | | and Treatment Provider Act
approved by the Board . At the | 10 | | hearing, the State has the burden of proving by
clear and | 11 | | convincing evidence that the committed person is still a
| 12 | | sexually violent person.
| 13 | | (3) If the court or jury is satisfied that the State has | 14 | | not met its
burden of proof under paragraph (b)(2) of this | 15 | | Section, the
person shall be discharged from the custody or | 16 | | supervision of the
Department. If the court or jury is | 17 | | satisfied that the State has met its
burden of proof under | 18 | | paragraph (b)(2) of this Section, the court
may proceed under | 19 | | Section 40 of this Act to determine whether to
modify the | 20 | | person's existing commitment order.
| 21 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 22 | | Section 195. The Sex Offender Registration Act is amended | 23 | | by changing Sections 2, 3, and 3-5 as follows:
| 24 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
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| 1 | | Sec. 2. Definitions.
| 2 | | (A) As used in this Article, "sex offender" means any | 3 | | person who is:
| 4 | | (1) charged pursuant to Illinois law, or any | 5 | | substantially similar
federal, Uniform Code of Military | 6 | | Justice, sister state, or foreign country
law,
with a sex | 7 | | offense set forth
in subsection (B) of this Section or the | 8 | | attempt to commit an included sex
offense, and:
| 9 | | (a) is convicted of such offense or an attempt to | 10 | | commit such offense;
or
| 11 | | (b) is found not guilty by reason of insanity of | 12 | | such offense or an
attempt to commit such offense; or
| 13 | | (c) is found not guilty by reason of insanity | 14 | | pursuant to Section
104-25(c) of the Code of Criminal | 15 | | Procedure of 1963 of such offense or an
attempt to | 16 | | commit such offense; or
| 17 | | (d) is the subject of a finding not resulting in an | 18 | | acquittal at a
hearing conducted pursuant to Section | 19 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 20 | | the alleged commission or attempted commission of such
| 21 | | offense; or
| 22 | | (e) is found not guilty by reason of insanity | 23 | | following a hearing
conducted pursuant to a federal, | 24 | | Uniform Code of Military Justice, sister
state, or | 25 | | foreign country law
substantially similar to Section | 26 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of |
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| 1 | | such offense or of the attempted commission of such | 2 | | offense; or
| 3 | | (f) is the subject of a finding not resulting in an | 4 | | acquittal at a
hearing conducted pursuant to a federal, | 5 | | Uniform Code of Military Justice,
sister state, or | 6 | | foreign country law
substantially similar to Section | 7 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 8 | | the alleged violation or attempted commission of such | 9 | | offense;
or
| 10 | | (2) declared certified as a sexually dangerous person | 11 | | pursuant to the Illinois
Sexually Dangerous Persons Act, or | 12 | | any substantially similar federal, Uniform
Code of | 13 | | Military Justice, sister
state, or foreign country law; or
| 14 | | (3) subject to the provisions of Section 2 of the | 15 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 16 | | or
| 17 | | (4) found to be a sexually violent person pursuant to | 18 | | the Sexually
Violent Persons Commitment Act or any | 19 | | substantially similar federal, Uniform
Code of Military | 20 | | Justice, sister
state, or foreign country law; or
| 21 | | (5) adjudicated a juvenile delinquent as the result of | 22 | | committing or
attempting to commit an act which, if | 23 | | committed by an adult, would constitute
any of the offenses | 24 | | specified in item (B), (C), or (C-5) of this Section or a
| 25 | | violation of any substantially similar federal, Uniform | 26 | | Code of Military
Justice, sister state, or foreign
country |
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| 1 | | law, or found guilty under Article V of the Juvenile Court | 2 | | Act of 1987
of committing or attempting to commit an act | 3 | | which, if committed by an adult,
would constitute any of | 4 | | the offenses specified in item (B), (C), or (C-5) of
this | 5 | | Section or a violation of any substantially similar | 6 | | federal, Uniform Code
of Military Justice, sister state,
or | 7 | | foreign country law.
| 8 | | Convictions that result from or are connected with the same | 9 | | act, or result
from offenses committed at the same time, shall | 10 | | be counted for the purpose of
this Article as one conviction. | 11 | | Any conviction set aside pursuant to law is
not a conviction | 12 | | for purposes of this Article.
| 13 | |
For purposes of this Section, "convicted" shall have the | 14 | | same meaning as
"adjudicated".
| 15 | | (B) As used in this Article, "sex offense" means:
| 16 | | (1) A violation of any of the following Sections of the | 17 | | Criminal Code of
1961:
| 18 | | 11-20.1 (child pornography),
| 19 | | 11-20.1B or 11-20.3 (aggravated child | 20 | | pornography),
| 21 | | 11-6 (indecent solicitation of a child),
| 22 | | 11-9.1 (sexual exploitation of a child),
| 23 | | 11-9.2 (custodial sexual misconduct),
| 24 | | 11-9.5 (sexual misconduct with a person with a | 25 | | disability), | 26 | | 11-14.4 (promoting juvenile prostitution),
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| 1 | | 11-15.1 (soliciting for a juvenile prostitute),
| 2 | | 11-18.1 (patronizing a juvenile prostitute),
| 3 | | 11-17.1 (keeping a place of juvenile | 4 | | prostitution),
| 5 | | 11-19.1 (juvenile pimping),
| 6 | | 11-19.2 (exploitation of a child),
| 7 | | 11-25 (grooming), | 8 | | 11-26 (traveling to meet a minor),
| 9 | | 11-1.20 or 12-13 (criminal sexual assault),
| 10 | | 11-1.30 or 12-14 (aggravated criminal sexual | 11 | | assault),
| 12 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 13 | | assault of a child),
| 14 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 15 | | 11-1.60 or 12-16 (aggravated criminal sexual | 16 | | abuse),
| 17 | | 12-33 (ritualized abuse of a child).
| 18 | | An attempt to commit any of these offenses.
| 19 | | (1.5)
A violation of any of the following Sections of | 20 | | the
Criminal Code of 1961, when the victim is a person | 21 | | under 18 years of age, the
defendant is not a parent of the | 22 | | victim, the offense was sexually motivated as defined in | 23 | | Section 10 of the Sex Offender Evaluation and Treatment Act | 24 | | Sex Offender Management Board Act , and the offense was | 25 | | committed on or
after January 1, 1996:
| 26 | | 10-1 (kidnapping),
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| 1 | | 10-2 (aggravated kidnapping),
| 2 | | 10-3 (unlawful restraint),
| 3 | | 10-3.1 (aggravated unlawful restraint).
| 4 | | If the offense was committed before January 1, 1996, it | 5 | | is a sex offense requiring registration only when the | 6 | | person is convicted of any felony after July 1, 2011, and | 7 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 8 | | applies.
| 9 | | (1.6)
First degree murder under Section 9-1 of the | 10 | | Criminal Code of 1961,
provided the offense was sexually | 11 | | motivated as defined in Section 10 of the Sex Offender | 12 | | Management Board Act.
| 13 | | (1.7) (Blank).
| 14 | | (1.8) A violation or attempted violation of Section | 15 | | 11-11 (sexual
relations within families) of the Criminal | 16 | | Code of 1961, and the offense was committed on or after
| 17 | | June 1, 1997. If the offense was committed before June 1, | 18 | | 1997, it is a sex offense requiring registration only when | 19 | | the person is convicted of any felony after July 1, 2011, | 20 | | and paragraph (2.1) of subsection (c) of Section 3 of this | 21 | | Act applies.
| 22 | | (1.9) Child abduction under paragraph (10) of | 23 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 24 | | committed by luring or
attempting to lure a child under the | 25 | | age of 16 into a motor vehicle, building,
house trailer, or | 26 | | dwelling place without the consent of the parent or lawful
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| 1 | | custodian of the child for other than a lawful purpose and | 2 | | the offense was
committed on or after January 1, 1998, | 3 | | provided the offense was sexually motivated as defined in | 4 | | Section 10 of the Sex Offender Management Board Act. If the | 5 | | offense was committed before January 1, 1998, it is a sex | 6 | | offense requiring registration only when the person is | 7 | | convicted of any felony after July 1, 2011, and paragraph | 8 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 9 | | (1.10) A violation or attempted violation of any of the | 10 | | following Sections
of the Criminal Code of 1961 when the | 11 | | offense was committed on or after July
1, 1999:
| 12 | | 10-4 (forcible detention, if the victim is under 18 | 13 | | years of age), provided the offense was sexually | 14 | | motivated as defined in Section 10 of the Sex Offender | 15 | | Management Board Act,
| 16 | | 11-6.5 (indecent solicitation of an adult),
| 17 | | 11-14.3 that involves soliciting for a prostitute, | 18 | | or 11-15 (soliciting for a prostitute, if the victim is | 19 | | under 18 years
of age),
| 20 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 21 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 22 | | under 18 years of age),
| 23 | | 11-18 (patronizing a prostitute, if the victim is | 24 | | under 18 years
of age),
| 25 | | subdivision (a)(2)(C) of Section 11-14.3, or | 26 | | Section 11-19 (pimping, if the victim is under 18 years |
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| 1 | | of age).
| 2 | | If the offense was committed before July 1, 1999, it is | 3 | | a sex offense requiring registration only when the person | 4 | | is convicted of any felony after July 1, 2011, and | 5 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 6 | | applies.
| 7 | | (1.11) A violation or attempted violation of any of the | 8 | | following
Sections of the Criminal Code of 1961 when the | 9 | | offense was committed on or
after August 22, 2002:
| 10 | | 11-9 or 11-30 (public indecency for a third or | 11 | | subsequent conviction). | 12 | | If the third or subsequent conviction was imposed | 13 | | before August 22, 2002, it is a sex offense requiring | 14 | | registration only when the person is convicted of any | 15 | | felony after July 1, 2011, and paragraph (2.1) of | 16 | | subsection (c) of Section 3 of this Act applies.
| 17 | | (1.12) A violation or attempted violation of Section
| 18 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 19 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 20 | | offense was committed on or after August 22, 2002. If the | 21 | | offense was committed before August 22, 2002, it is a sex | 22 | | offense requiring registration only when the person is | 23 | | convicted of any felony after July 1, 2011, and paragraph | 24 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 25 | | (2) A violation of any former law of this State | 26 | | substantially equivalent
to any offense listed in |
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| 1 | | subsection (B) of this Section.
| 2 | | (C) A conviction for an offense of federal law, Uniform | 3 | | Code of Military
Justice, or the law of another state
or a | 4 | | foreign country that is substantially equivalent to any offense | 5 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 6 | | shall
constitute a
conviction for the purpose
of this Article. | 7 | | A finding or adjudication as a sexually dangerous person
or a | 8 | | sexually violent person under any federal law, Uniform Code of | 9 | | Military
Justice, or the law of another state or
foreign | 10 | | country that is substantially equivalent to the Sexually | 11 | | Dangerous
Persons Act or the Sexually Violent Persons | 12 | | Commitment Act shall constitute an
adjudication for the | 13 | | purposes of this Article.
| 14 | | (C-5) A person at least 17 years of age at the time of the | 15 | | commission of
the offense who is convicted of first degree | 16 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 17 | | a person
under 18 years of age, shall be required to register
| 18 | | for natural life.
A conviction for an offense of federal, | 19 | | Uniform Code of Military Justice,
sister state, or foreign | 20 | | country law that is substantially equivalent to any
offense | 21 | | listed in subsection (C-5) of this Section shall constitute a
| 22 | | conviction for the purpose of this Article. This subsection | 23 | | (C-5) applies to a person who committed the offense before June | 24 | | 1, 1996 if: (i) the person is incarcerated in an Illinois | 25 | | Department of Corrections facility on August 20, 2004 (the | 26 | | effective date of Public Act 93-977), or (ii) subparagraph (i) |
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| 1 | | does not apply and the person is convicted of any felony after | 2 | | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | 3 | | 3 of this Act applies.
| 4 | | (C-6) A person who is convicted or adjudicated delinquent | 5 | | of first degree murder as defined in Section 9-1 of the | 6 | | Criminal Code of 1961, against a person 18 years of age or | 7 | | over, shall be required to register for his or her natural | 8 | | life. A conviction for an offense of federal, Uniform Code of | 9 | | Military Justice, sister state, or foreign country law that is | 10 | | substantially equivalent to any offense listed in subsection | 11 | | (C-6) of this Section shall constitute a conviction for the | 12 | | purpose of this Article. This subsection (C-6) does not apply | 13 | | to those individuals released from incarceration more than 10 | 14 | | years prior to January 1, 2012 ( the effective date of Public | 15 | | Act 97-154) this amendatory Act of the 97th General Assembly . | 16 | | (D) As used in this Article, "law enforcement agency having | 17 | | jurisdiction"
means the Chief of Police in each of the | 18 | | municipalities in which the sex offender
expects to reside, | 19 | | work, or attend school (1) upon his or her discharge,
parole or | 20 | | release or
(2) during the service of his or her sentence of | 21 | | probation or conditional
discharge, or the Sheriff of the | 22 | | county, in the event no Police Chief exists
or if the offender | 23 | | intends to reside, work, or attend school in an
unincorporated | 24 | | area.
"Law enforcement agency having jurisdiction" includes | 25 | | the location where
out-of-state students attend school and | 26 | | where out-of-state employees are
employed or are otherwise |
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| 1 | | required to register.
| 2 | | (D-1) As used in this Article, "supervising officer" means | 3 | | the assigned Illinois Department of Corrections parole agent or | 4 | | county probation officer. | 5 | | (E) As used in this Article, "sexual predator" means any | 6 | | person who,
after July 1, 1999, is:
| 7 | | (1) Convicted for an offense of federal, Uniform Code | 8 | | of Military
Justice, sister state, or foreign country law | 9 | | that is substantially equivalent
to any offense listed in | 10 | | subsection (E) or (E-5) of this Section shall constitute a
| 11 | | conviction for the purpose of this Article.
Convicted of a | 12 | | violation or attempted violation of any of the following
| 13 | | Sections of the
Criminal Code of 1961:
| 14 | | 11-14.4 that involves keeping a place of juvenile | 15 | | prostitution, or 11-17.1 (keeping a place of juvenile | 16 | | prostitution),
| 17 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 18 | | or Section 11-19.1 (juvenile pimping),
| 19 | | subdivision (a)(4) of Section 11-14.4, or Section | 20 | | 11-19.2 (exploitation of a child),
| 21 | | 11-20.1 (child pornography),
| 22 | | 11-20.1B or 11-20.3 (aggravated child | 23 | | pornography),
| 24 | | 11-1.20 or 12-13 (criminal sexual assault),
| 25 | | 11-1.30 or 12-14 (aggravated criminal sexual | 26 | | assault),
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| 1 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 2 | | assault of a child),
| 3 | | 11-1.60 or 12-16 (aggravated criminal sexual | 4 | | abuse),
| 5 | | 12-33 (ritualized abuse of a child);
| 6 | | (2) (blank);
| 7 | | (3) declared certified as a sexually dangerous person | 8 | | pursuant to the Sexually
Dangerous Persons Act or any | 9 | | substantially similar federal, Uniform Code of
Military | 10 | | Justice, sister state, or
foreign country law;
| 11 | | (4) found to be a sexually violent person pursuant to | 12 | | the Sexually Violent
Persons Commitment Act or any | 13 | | substantially similar federal, Uniform Code of
Military | 14 | | Justice, sister state, or
foreign country law;
| 15 | | (5) convicted of a second or subsequent offense which | 16 | | requires
registration pursuant to this Act. For purposes of | 17 | | this paragraph
(5), "convicted" shall include a conviction | 18 | | under any
substantially similar
Illinois, federal, Uniform | 19 | | Code of Military Justice, sister state, or
foreign country | 20 | | law;
| 21 | | (6) convicted of a second or subsequent offense of | 22 | | luring a minor under Section 10-5.1 of the Criminal Code of | 23 | | 1961; or | 24 | | (7) if the person was convicted of an offense set forth | 25 | | in this subsection (E) on or before July 1, 1999, the | 26 | | person is a sexual predator for whom registration is |
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| 1 | | required only when the person is convicted of a felony | 2 | | offense after July 1, 2011, and paragraph (2.1) of | 3 | | subsection (c) of Section 3 of this Act applies. | 4 | | (E-5) As used in this Article, "sexual predator" also means | 5 | | a person convicted of a violation or attempted violation of any | 6 | | of the following
Sections of the
Criminal Code of 1961: | 7 | | (1) Section 9-1 (first degree murder,
when the victim | 8 | | was a person under 18 years of age and the defendant was at | 9 | | least
17 years of age at the time of the commission of the | 10 | | offense, provided the offense was sexually motivated as | 11 | | defined in Section 10 of the Sex Offender Management Board | 12 | | Act); | 13 | | (2) Section 11-9.5 (sexual misconduct with a person | 14 | | with a disability); | 15 | | (3) when the victim is a person under 18 years of age, | 16 | | the
defendant is not a parent of the victim, the offense | 17 | | was sexually motivated as defined in Section 10 of the Sex | 18 | | Offender Management Board Act, and the offense was | 19 | | committed on or
after January 1, 1996: (A) Section 10-1 | 20 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 21 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 22 | | 10-3.1 (aggravated unlawful restraint); and | 23 | | (4) Section 10-5(b)(10) (child abduction committed by | 24 | | luring or
attempting to lure a child under the age of 16 | 25 | | into a motor vehicle, building,
house trailer, or dwelling | 26 | | place without the consent of the parent or lawful
custodian |
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| 1 | | of the child for other than a lawful purpose and the | 2 | | offense was
committed on or after January 1, 1998, provided | 3 | | the offense was sexually motivated as defined in Section 10 | 4 | | of the Sex Offender Management Board Act). | 5 | | (E-10) As used in this Article, "sexual predator" also | 6 | | means a person required to register in another State due to a | 7 | | conviction, adjudication or other action of any court | 8 | | triggering an obligation to register as a sex offender, sexual | 9 | | predator, or substantially similar status under the laws of | 10 | | that State. | 11 | | (F) As used in this Article, "out-of-state student" means | 12 | | any sex
offender, as defined in this Section,
or sexual | 13 | | predator who is enrolled in Illinois, on a full-time or | 14 | | part-time
basis, in any public or private educational | 15 | | institution, including, but not
limited to, any secondary | 16 | | school, trade or professional institution, or
institution of | 17 | | higher learning.
| 18 | | (G) As used in this Article, "out-of-state employee" means | 19 | | any sex
offender, as defined in this Section,
or sexual | 20 | | predator who works in Illinois, regardless of whether the | 21 | | individual
receives payment for services performed, for a | 22 | | period of time of 10 or more days
or for an aggregate period of | 23 | | time of 30 or more days
during any calendar year.
Persons who | 24 | | operate motor vehicles in the State accrue one day of | 25 | | employment
time for any portion of a day spent in Illinois.
| 26 | | (H) As used in this Article, "school" means any public or |
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| 1 | | private educational institution, including, but not limited | 2 | | to, any elementary or secondary school, trade or professional | 3 | | institution, or institution of higher education. | 4 | | (I) As used in this Article, "fixed residence" means any | 5 | | and all places that a sex offender resides for an aggregate | 6 | | period of time of 5 or more days in a calendar year.
| 7 | | (J) As used in this Article, "Internet protocol address" | 8 | | means the string of numbers by which a location on the Internet | 9 | | is identified by routers or other computers connected to the | 10 | | Internet. | 11 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 12 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 13 | | revised 9-27-11.) | 14 | | (730 ILCS 150/3) | 15 | | Sec. 3. Duty to register.
| 16 | | (a) A sex offender, as defined in Section 2 of this Act, or | 17 | | sexual
predator shall, within the time period
prescribed in | 18 | | subsections (b) and (c), register in person
and provide | 19 | | accurate information as required by the Department of State
| 20 | | Police. Such information shall include a current photograph,
| 21 | | current address,
current place of employment, the sex | 22 | | offender's or sexual predator's telephone number, including | 23 | | cellular telephone number, the employer's telephone number, | 24 | | school attended, all e-mail addresses, instant messaging | 25 | | identities, chat room identities, and other Internet |
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| 1 | | communications identities that the sex offender uses or plans | 2 | | to use, all Uniform Resource Locators (URLs) registered or used | 3 | | by the sex offender, all blogs and other Internet sites | 4 | | maintained by the sex offender or to which the sex offender has | 5 | | uploaded any content or posted any messages or information, | 6 | | extensions of the time period for registering as provided in | 7 | | this Article and, if an extension was granted, the reason why | 8 | | the extension was granted and the date the sex offender was | 9 | | notified of the extension. The information shall also include a | 10 | | copy of the terms and conditions of parole or release signed by | 11 | | the sex offender and given to the sex offender by his or her | 12 | | supervising officer, the county of conviction, license plate | 13 | | numbers for every vehicle registered in the name of the sex | 14 | | offender, the age of the sex offender at the time of the | 15 | | commission of the offense, the age of the victim at the time of | 16 | | the commission of the offense, and any distinguishing marks | 17 | | located on the body of the sex offender. A sex offender | 18 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 19 | | 11-21 of the Criminal Code of 1961 shall provide all Internet | 20 | | protocol (IP) addresses in his or her residence, registered in | 21 | | his or her name, accessible at his or her place of employment, | 22 | | or otherwise under his or her control or custody. If the sex | 23 | | offender is a child sex offender as defined in Section 11-9.3 | 24 | | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | 25 | | report to the registering agency whether he or she is living in | 26 | | a household with a child under 18 years of age who is not his or |
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| 1 | | her own child, provided that his or her own child is not the | 2 | | victim of the sex offense. The sex offender or
sexual predator | 3 | | shall register:
| 4 | | (1) with the chief of police in the municipality in | 5 | | which he or she
resides or is temporarily domiciled for a | 6 | | period of time of 3 or more
days, unless the
municipality | 7 | | is the City of Chicago, in which case he or she shall | 8 | | register
at the Chicago Police Department Headquarters; or
| 9 | | (2) with the sheriff in the county in which
he or she | 10 | | resides or is
temporarily domiciled
for a period of time of | 11 | | 3 or more days in an unincorporated
area or, if | 12 | | incorporated, no police chief exists.
| 13 | | If the sex offender or sexual predator is employed at or | 14 | | attends an institution of higher education, he or she shall | 15 | | also register:
| 16 | | (i) with: | 17 | | (A) the chief of police in the municipality in | 18 | | which he or she is employed at or attends an | 19 | | institution of higher education, unless the | 20 | | municipality is the City of Chicago, in which case he | 21 | | or she shall register at the Chicago Police Department | 22 | | Headquarters; or | 23 | | (B) the sheriff in the county in which he or she is | 24 | | employed or attends an institution of higher education | 25 | | located in an unincorporated area, or if incorporated, | 26 | | no police chief exists; and
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| 1 | | (ii) with the public safety or security director of the | 2 | | institution of higher education which he or she is employed | 3 | | at or attends.
| 4 | | The registration fees shall only apply to the municipality | 5 | | or county of primary registration, and not to campus | 6 | | registration. | 7 | | For purposes of this Article, the place of residence or | 8 | | temporary
domicile is defined as any and all places where the | 9 | | sex offender resides
for an aggregate period of time of 3 or | 10 | | more days during any calendar year.
Any person required to | 11 | | register under this Article who lacks a fixed address or | 12 | | temporary domicile must notify, in person, the agency of | 13 | | jurisdiction of his or her last known address within 3 days | 14 | | after ceasing to have a fixed residence. | 15 | | A sex offender or sexual predator who is temporarily absent | 16 | | from his or her current address of registration for 3 or more | 17 | | days shall notify the law enforcement agency having | 18 | | jurisdiction of his or her current registration, including the | 19 | | itinerary for travel, in the manner provided in Section 6 of | 20 | | this Act for notification to the law enforcement agency having | 21 | | jurisdiction of change of address. | 22 | | Any person who lacks a fixed residence must report weekly, | 23 | | in person, with the sheriff's office of the county in which he | 24 | | or she is located in an unincorporated area, or with the chief | 25 | | of police in the municipality in which he or she is located. | 26 | | The agency of jurisdiction will document each weekly |
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| 1 | | registration to include all the locations where the person has | 2 | | stayed during the past 7 days.
| 3 | | The sex offender or sexual predator shall provide accurate | 4 | | information
as required by the Department of State Police. That | 5 | | information shall include
the sex offender's or sexual | 6 | | predator's current place of employment.
| 7 | | (a-5) An out-of-state student or out-of-state employee | 8 | | shall,
within 3 days after beginning school or employment in | 9 | | this State,
register in person and provide accurate information | 10 | | as required by the
Department of State Police. Such information | 11 | | will include current place of
employment, school attended, and | 12 | | address in state of residence. A sex offender convicted under | 13 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 14 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 15 | | addresses in his or her residence, registered in his or her | 16 | | name, accessible at his or her place of employment, or | 17 | | otherwise under his or her control or custody. The out-of-state | 18 | | student or out-of-state employee shall register:
| 19 | | (1) with: | 20 | | (A) the chief of police in the municipality in | 21 | | which he or she attends school or is employed for a | 22 | | period of time of 5
or more days or for an
aggregate | 23 | | period of time of more than 30 days during any
calendar | 24 | | year, unless the
municipality is the City of Chicago, | 25 | | in which case he or she shall register at
the Chicago | 26 | | Police Department Headquarters; or
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| 1 | | (B) the sheriff in the county in which
he or she | 2 | | attends school or is
employed for a period of time of 5 | 3 | | or more days or
for an aggregate period of
time of more | 4 | | than 30 days during any calendar year in an
| 5 | | unincorporated area
or, if incorporated, no police | 6 | | chief exists; and | 7 | | (2) with the public safety or security director of the | 8 | | institution of higher education he or she is employed at or | 9 | | attends for a period of time of 5 or more days or for an | 10 | | aggregate period of time of more than 30 days during a | 11 | | calendar year. | 12 | | The registration fees shall only apply to the municipality | 13 | | or county of primary registration, and not to campus | 14 | | registration. | 15 | | The out-of-state student or out-of-state employee shall | 16 | | provide accurate
information as required by the Department of | 17 | | State Police. That information
shall include the out-of-state | 18 | | student's current place of school attendance or
the | 19 | | out-of-state employee's current place of employment.
| 20 | | (a-10) Any law enforcement agency registering sex | 21 | | offenders or sexual predators in accordance with subsections | 22 | | (a) or (a-5) of this Section shall forward to the Attorney | 23 | | General a copy of sex offender registration forms from persons | 24 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 25 | | 11-21 of the Criminal Code of 1961, including periodic and | 26 | | annual registrations under 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. The fees shall be used | 7 | | by the registering agency for official
purposes. The agency | 8 | | shall establish procedures to document receipt and use
of | 9 | | the funds.
The law enforcement agency having jurisdiction | 10 | | may waive the registration fee
if it determines that the | 11 | | person is indigent and unable to pay the registration
fee. | 12 | | Thirty-five
Thirty dollars for the initial registration | 13 | | fee and $35 $30 of the annual renewal fee
shall be used by | 14 | | the registering agency for official purposes. Five Ten | 15 | | dollars of
the initial registration fee and $5 $10 of the | 16 | | annual fee shall be deposited into
the Sex Offender | 17 | | Management Board Fund under Section 19 of the Sex Offender
| 18 | | Management Board Act. Money deposited into the Sex Offender | 19 | | Management Board
Fund shall be administered by the Sex | 20 | | Offender Management Board and shall be
used by the Board to | 21 | | comply with the provisions of the Sex Offender Management | 22 | | Board Act to
fund practices endorsed or required by the Sex | 23 | | Offender Management Board Act
including but not limited to | 24 | | sex offenders evaluation, treatment, or
monitoring | 25 | | programs that are or may be developed, as well as for
| 26 | | administrative costs, including staff, incurred by the |
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| 1 | | Board .
Thirty dollars of the initial registration fee and | 2 | | $30 of the annual renewal fee shall be deposited into the | 3 | | Sex Offender Registration Fund and shall be used by the | 4 | | Department of State Police to maintain and update the | 5 | | Illinois State Police Sex Offender Registry. Thirty | 6 | | dollars of the initial registration fee and $30 of the | 7 | | annual renewal fee shall be deposited into the Attorney | 8 | | General Sex Offender Awareness, Training, and Education | 9 | | Fund. Moneys deposited into the Fund shall be used by the | 10 | | Attorney General to administer the I-SORT program and to | 11 | | alert and educate the public, victims, and witnesses of | 12 | | their rights under various victim notification laws and for | 13 | | training law enforcement agencies, State's Attorneys, and | 14 | | medical providers of their legal duties concerning the | 15 | | prosecution and investigation of sex offenses. | 16 | | (d) Within 3 days after obtaining or changing employment | 17 | | and, if employed
on January 1, 2000, within 5 days after that | 18 | | date, a person required to
register under this Section must | 19 | | report, in person to the law
enforcement agency having | 20 | | jurisdiction, the business name and address where he
or she is | 21 | | employed. If the person has multiple businesses or work | 22 | | locations,
every business and work location must be reported to | 23 | | the law enforcement agency
having jurisdiction.
| 24 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | 25 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | 26 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. |
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| 1 | | 8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.) | 2 | | (730 ILCS 150/3-5) | 3 | | Sec. 3-5. Application of Act to adjudicated juvenile | 4 | | delinquents. | 5 | | (a) In all cases involving an adjudicated juvenile
| 6 | | delinquent who meets the definition of sex offender as set
| 7 | | forth in paragraph (5) of subsection (A) of Section 2 of this
| 8 | | Act, the court shall order the minor to register as a sex | 9 | | offender. | 10 | | (b) Once an adjudicated juvenile delinquent is ordered to
| 11 | | register as a sex offender, the adjudicated juvenile delinquent
| 12 | | shall be subject to the registration requirements set forth in
| 13 | | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
| 14 | | registration. | 15 | | (c) For a minor adjudicated delinquent for an offense | 16 | | which, if charged as an adult, would be a felony, no less than | 17 | | 5 years after registration ordered pursuant to subsection (a) | 18 | | of this Section, the minor may petition for the termination of | 19 | | the term of registration. For a minor adjudicated delinquent | 20 | | for an offense which, if charged as an adult, would be a | 21 | | misdemeanor, no less than 2 years after registration ordered | 22 | | pursuant to subsection (a) of this Section, the minor may | 23 | | petition for termination of the term of registration. | 24 | | (d) The court may upon a hearing on the petition for | 25 | | termination of registration, terminate registration if the |
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| 1 | | court finds that the registrant poses no risk to the community | 2 | | by a preponderance of the evidence based upon the factors set | 3 | | forth in subsection (e). | 4 | | Notwithstanding any other provisions of this Act to the | 5 | | contrary, no registrant whose registration has been terminated | 6 | | under this Section shall be required to register under the | 7 | | provisions of this Act for the offense or offenses which were | 8 | | the subject of the successful petition for termination of | 9 | | registration. This exemption shall apply only to those offenses | 10 | | which were the subject of the successful petition for | 11 | | termination of registration, and shall not apply to any other | 12 | | or subsequent offenses requiring registration under this Act. | 13 | | (e) To determine whether a registrant poses a risk
to the | 14 | | community as required by subsection (d), the court shall
| 15 | | consider the following factors: | 16 | | (1) a risk assessment performed by an evaluator | 17 | | licensed under the Sex Offender Evaluation and Treatment | 18 | | Provider Act
approved by the Sex Offender Management Board ; | 19 | | (2) the sex offender history of the adjudicated
| 20 | | juvenile delinquent; | 21 | | (3) evidence of the adjudicated juvenile delinquent's
| 22 | | rehabilitation; | 23 | | (4) the age of the adjudicated juvenile delinquent at
| 24 | | the time of the offense; | 25 | | (5) information related to the adjudicated juvenile
| 26 | | delinquent's mental, physical, educational, and social
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| 1 | | history; | 2 | | (6) victim impact statements; and | 3 | | (7) any other factors deemed relevant by the court. | 4 | | (f) At the hearing set forth in subsections (c) and (d), a
| 5 | | registrant shall be represented by counsel and may present a
| 6 | | risk assessment conducted by an evaluator who is licensed under | 7 | | the Sex Offender Evaluation and Treatment Provider Act a | 8 | | licensed
psychiatrist, psychologist, or other mental health
| 9 | | professional, and who has demonstrated clinical experience in
| 10 | | juvenile sex offender treatment . | 11 | | (g) After a registrant completes the term of his or her
| 12 | | registration, his or her name, address, and all other
| 13 | | identifying information shall be removed from all State and
| 14 | | local registries. | 15 | | (h) This Section applies retroactively to cases in which
| 16 | | adjudicated juvenile delinquents who registered or were
| 17 | | required to register before the effective date of this
| 18 | | amendatory Act of the 95th General Assembly. On or after the
| 19 | | effective date of this amendatory Act of the 95th General
| 20 | | Assembly, a person adjudicated delinquent before the effective
| 21 | | date of this amendatory Act of the 95th General Assembly may
| 22 | | request a hearing regarding status of registration by filing a | 23 | | Petition Requesting Registration Status with the clerk of the | 24 | | court. Upon receipt of the Petition Requesting Registration
| 25 | | Status, the clerk of the court shall provide notice to the
| 26 | | parties and set the Petition for hearing pursuant to
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| 1 | | subsections (c) through (e) of this Section. | 2 | | (i) This Section does not apply to minors prosecuted under
| 3 | | the criminal laws as adults.
| 4 | | (Source: P.A. 97-578, eff. 1-1-12.) | 5 | | Section 999. Effective date. This Act takes effect July 1, | 6 | | 2013, except that this Section, Section 175, Section 180, and | 7 | | the amendatory changes to Sections 2 and 3 of the Sex Offender | 8 | | Registration Act take effect on January 1, 2013, the other | 9 | | amendatory changes to Section 3-5 of the Sex Offender | 10 | | Registration Act, the amendatory changes to the Sexually | 11 | | Dangerous Persons Act, and the amendatory changes to the | 12 | | Sexually Violent Persons Commitment Act take effect January 1, | 13 | | 2014. |
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