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| [ Senate Amendment 002 ] |
90_SB0123eng
730 ILCS 5/5-1-17 from Ch. 38, par. 1005-1-17
Amends the Unified Code of Corrections. Makes a
grammatical change in Section involving definition of a petty
offense.
LRB9001517RCks
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1 AN ACT in relation to sex offender management.
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
5 Sex Offender Management Board Act.
6 Section 5. Legislative declaration. The General Assembly
7 hereby declares that the comprehensive evaluation,
8 identification, counseling, and continued monitoring of sex
9 offenders who are subject to the supervision of the criminal
10 or juvenile justice systems is necessary in order to work
11 toward the elimination of recidivism by such offenders.
12 Therefore, the General Assembly hereby creates a program
13 which standardizes the evaluation, identification,
14 counseling, and continued monitoring of sex offenders at each
15 stage of the criminal or juvenile justice systems so that
16 those offenders will curtail recidivistic behavior and the
17 protection of victims and potential victims will be enhanced.
18 The General Assembly recognizes that some sex offenders
19 cannot or will not respond to counseling and that, in
20 creating the program described in this Act, the General
21 Assembly does not intend to imply that all sex offenders can
22 be successful in counseling.
23 Section 10. Definitions. In this Act, unless the
24 context otherwise requires:
25 (a) "Board" means the Sex Offender Management Board
26 created in Section 15.
27 (b) "Sex offender" means any person who is convicted or
28 found delinquent in the State of Illinois, or under any
29 substantially similar federal law or law of another state, of
30 any sex offense or attempt of a sex offense as defined in
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1 subsection (c) of this Section, or any former statute of this
2 State that defined a felony sex offense, or who has been
3 certified as a sexually dangerous person under the Sexually
4 Dangerous Persons Act, or any substantially similar federal
5 law or law of another state.
6 (c) "Sex offense" means any felony or misdemeanor
7 offense described in this subsection (c) as follows:
8 (1) Indecent solicitation of a child, in violation
9 of Section 11-6 of the Criminal Code of 1961;
10 (2) Indecent solicitation of an adult, in violation
11 of Section 11-6.5 of the Criminal Code of 1961;
12 (3) Public indecency, in violation of Section 11-9
13 of the Criminal Code of 1961;
14 (4) Sexual exploitation of a child, in violation of
15 Section 11-9.1 of the Criminal Code of 1961;
16 (5) Sexual relations within families, in violation
17 of Section 11-11 of the Criminal Code of 1961;
18 (6) Soliciting for a juvenile prostitute, in
19 violation of Section 11-15.1 of the Criminal Code of
20 1961;
21 (7) Keeping a place of juvenile prostitution, in
22 violation of Section 11-17.1 of the Criminal Code of
23 1961;
24 (8) Patronizing a juvenile prostitute, in violation
25 of Section 11-18.1 of the Criminal Code of 1961;
26 (9) Juvenile pimping, in violation of Section
27 11-19.1 of the Criminal Code of 1961;
28 (10) Exploitation of a child, in violation of
29 Section 11-19.2 of the Criminal Code of 1961;
30 (11) Child pornography, in violation of Section
31 11-20.1 of the Criminal Code of 1961;
32 (12) Harmful material, in violation of Section
33 11-21 of the Criminal Code of 1961;
34 (13) Criminal sexual assault, in violation of
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1 Section 12-13 of the Criminal Code of 1961;
2 (14) Aggravated criminal sexual assault, in
3 violation of Section 12-14 of the Criminal Code of 1961;
4 (15) Predatory criminal sexual assault of a child,
5 in violation of Section 12-14.1 of the Criminal Code of
6 1961;
7 (16) Criminal sexual abuse, in violation of Section
8 12-15 of the Criminal Code of 1961;
9 (17) Aggravated criminal sexual abuse, in violation
10 of Section 12-16 of the Criminal Code of 1961;
11 (18) Ritualized abuse of a child, in violation of
12 Section 12-33 of the Criminal Code of 1961;
13 (19) An attempt to commit any of the offenses
14 enumerated in this subsection (c).
15 (d) "Management" means counseling, monitoring, and
16 supervision of any sex offender that conforms to the
17 standards created by the Board under Section 15.
18 Section 15. Sex Offender Management Board; creation;
19 duties.
20 (a) There is created the Sex Offender Management Board,
21 which shall consist of 20 members. The membership of the
22 Board shall consist of the following persons:
23 (1) Two members appointed by the Governor
24 representing the judiciary, one representing juvenile
25 court matters and one representing adult criminal court
26 matters;
27 (2) One member appointed by the Governor
28 representing Probation Services;
29 (3) One member appointed by the Governor
30 representing the Department of Corrections;
31 (4) One member appointed by the Governor
32 representing the Department of Human Services;
33 (5) One member appointed by the Governor
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1 representing the Illinois State Police;
2 (6) One member appointed by the Governor
3 representing the Department of Children and Family
4 Services;
5 (7) One member appointed by the Attorney General
6 representing the Office of the Attorney General;
7 (8) Two members appointed by the Attorney General
8 who are licensed mental health professionals with
9 documented expertise in the treatment of sex offenders;
10 (9) Two members appointed by the Attorney General
11 who are State's Attorneys or assistant State's Attorneys,
12 one representing juvenile court matters and one
13 representing felony court matters;
14 (10) One member being the Cook County State's
15 Attorney or his or her designee;
16 (11) One member being the Director of the State's
17 Attorneys Appellate Prosecutor or his or her designee;
18 (12) One member being the Cook County Public
19 Defender or his or her designee;
20 (13) Two members appointed by the Governor who are
21 representatives of law enforcement, one juvenile officer
22 and one sex crime investigator;
23 (14) Two members appointed by the Attorney General
24 who are recognized experts in the field of sexual assault
25 and who can represent sexual assault victims and victims'
26 rights organizations; and
27 (15) One member being the State Appellate Defender
28 or his or her designee.
29 (b) The Governor and the Attorney General shall appoint
30 a presiding officer for the Board from among the board
31 members appointed under subsection (a) of this Section, which
32 presiding officer shall serve at the pleasure of the Governor
33 and the Attorney General.
34 (c) Each member of the Board shall demonstrate
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1 substantial expertise and experience in the field of sexual
2 assault.
3 (d) (1) Any member of the Board created in subsection
4 (a) of this Section who is appointed under paragraphs (1)
5 through (7) of subsection (a) of this Section shall serve at
6 the pleasure of the official who appointed that member, for a
7 term of 5 years and may be reappointed. The members shall
8 serve without additional compensation.
9 (2) Any member of the Board created in subsection
10 (a) of this Section who is appointed under paragraphs (8)
11 through (14) of subsection (a) of this Section shall
12 serve for a term of 5 years and may be reappointed. The
13 members shall serve without compensation.
14 (3) The travel costs associated with membership on
15 the Board created in subsection (a) of this Section will
16 be reimbursed subject to availability of funds.
17 (e) The first meeting of this Board shall be held within
18 45 days of the effective date of this Act.
19 (f) The Board shall carry out the following duties:
20 (1) Not later than 18 months after the effective
21 date of this Act, the Board shall develop and prescribe
22 separate standardized procedures for the evaluation and
23 identification of the offender and recommend behavior
24 management, monitoring, and counseling based upon the
25 knowledge that sex offenders are extremely habituated and
26 that there is no known cure for the propensity to commit
27 sex abuse. The Board shall develop and implement
28 measures of success based upon a no-cure policy for
29 intervention. The Board shall develop and implement
30 methods of intervention for sex offenders which have as a
31 priority the physical and psychological safety of victims
32 and potential victims and which are appropriate to the
33 needs of the particular offender, so long as there is no
34 reduction of the safety of victims and potential victims.
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1 (2) Not later than 18 months after the effective
2 date of this Act, the Board shall develop separate
3 guidelines and standards for a system of programs for the
4 counseling of both juvenile and adult sex offenders which
5 can be utilized by offenders who are placed on probation,
6 committed to the Department of Corrections, or placed on
7 mandatory supervised release or parole. The programs
8 developed under this paragraph (f) shall be as flexible
9 as possible so that the programs may be utilized by each
10 offender to prevent the offender from harming victims and
11 potential victims. The programs shall be structured in
12 such a manner that the programs provide a continuing
13 monitoring process as well as a continuum of counseling
14 programs for each offender as that offender proceeds
15 through the justice system. Also, the programs shall be
16 developed in such a manner that, to the extent possible,
17 the programs may be accessed by all offenders in the
18 justice system.
19 (3) There is established the Sex Offender
20 Management Board Fund in the State Treasury into which
21 funds received from public or private sources shall be
22 deposited, and from which funds shall be appropriated to
23 the Sex Offender Management Board for planning and
24 research.
25 (4) The Board shall develop and prescribe a plan to
26 research and analyze the effectiveness of the evaluation,
27 identification, and counseling procedures and programs
28 developed under this Act. The Board shall also develop
29 and prescribe a system for implementation of the
30 guidelines and standards developed under paragraph (2) of
31 this subsection (f) and for tracking offenders who have
32 been subjected to evaluation, identification, and
33 counseling under this Act. In addition, the Board shall
34 develop a system for monitoring offender behaviors and
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1 offender adherence to prescribed behavioral changes. The
2 results of the tracking and behavioral monitoring shall
3 be a part of any analysis made under this paragraph (4).
4 (g) The Board may promulgate rules as are necessary to
5 carry out the duties of the Board.
6 (h) The Board and the individual members of the Board
7 shall be immune from any liability, whether civil or
8 criminal, for the good faith performance of the duties of the
9 Board as specified in this Section.
10 Section 20. Report to the General Assembly. Upon
11 completion of the duties prescribed in paragraphs (1) and (2)
12 of subsection (f) of Section 15, the Board shall make a
13 report to the General Assembly regarding the standardized
14 procedures developed under this Act, the standardized
15 programs developed under this Act, the plans for
16 implementation developed under this Act, and the plans for
17 research and analysis developed under this Act.
18 Section 95. The State Finance Act is amended by adding
19 Section 5.449 as follows:
20 (30 ILCS 105/5.449 new)
21 Sec. 5.449. The Sex Offender Management Board Fund.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.