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| [ Senate Amendment 002 ] |
90_SB0123sam001
LRB9001517RCmbam01
1 AMENDMENT TO SENATE BILL 123
2 AMENDMENT NO. . Amend Senate Bill 123 by replacing
3 the title with the following:
4 "AN ACT in relation to sex offender management."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Sex Offender Management Board Act.
9 Section 5. Legislative declaration. The General Assembly
10 hereby declares that the comprehensive evaluation,
11 identification, counseling, and continued monitoring of sex
12 offenders who are subject to the supervision of the criminal
13 or juvenile justice systems is necessary in order to work
14 toward the elimination of recidivism by such offenders.
15 Therefore, the General Assembly hereby creates a program
16 which standardizes the evaluation, identification,
17 counseling, and continued monitoring of sex offenders at each
18 stage of the criminal or juvenile justice systems so that
19 those offenders will curtail recidivistic behavior and the
20 protection of victims and potential victims will be enhanced.
21 The General Assembly recognizes that some sex offenders
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1 cannot or will not respond to counseling and that, in
2 creating the program described in this Act, the General
3 Assembly does not intend to imply that all sex offenders can
4 be successful in counseling.
5 Section 10. Definitions. In this Act, unless the
6 context otherwise requires:
7 (a) "Board" means the Sex Offender Management Board
8 created 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 certified as a sexually dangerous person under the Sexually
16 Dangerous Persons Act, or any substantially similar federal
17 law or law of another state.
18 (c) "Sex offense" means any felony or misdemeanor
19 offense described in this subsection (c) as follows:
20 (1) Indecent solicitation of a child, in violation
21 of Section 11-6 of the Criminal Code of 1961;
22 (2) Indecent solicitation of an adult, in violation
23 of Section 11-6.5 of the Criminal Code of 1961;
24 (3) Public indecency, in violation of Section 11-9
25 of the Criminal Code of 1961;
26 (4) Sexual exploitation of a child, in violation of
27 Section 11-9.1 of the Criminal Code of 1961;
28 (5) Sexual relations within families, in violation
29 of Section 11-11 of the Criminal Code of 1961;
30 (6) Soliciting for a juvenile prostitute, in
31 violation of Section 11-15.1 of the Criminal Code of
32 1961;
33 (7) Keeping a place of juvenile prostitution, in
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1 violation of Section 11-17.1 of the Criminal Code of
2 1961;
3 (8) Patronizing a juvenile prostitute, in violation
4 of Section 11-18.1 of the Criminal Code of 1961;
5 (9) Juvenile pimping, in violation of Section
6 11-19.1 of the Criminal Code of 1961;
7 (10) Exploitation of a child, in violation of
8 Section 11-19.2 of the Criminal Code of 1961;
9 (11) Child pornography, in violation of Section
10 11-20.1 of the Criminal Code of 1961;
11 (12) Harmful material, in violation of Section
12 11-21 of the Criminal Code of 1961;
13 (13) Criminal sexual assault, in violation of
14 Section 12-13 of the Criminal Code of 1961;
15 (14) Aggravated criminal sexual assault, in
16 violation of Section 12-14 of the Criminal Code of 1961;
17 (15) Predatory criminal sexual assault of a child,
18 in violation of Section 12-14.1 of the Criminal Code of
19 1961;
20 (16) Criminal sexual abuse, in violation of Section
21 12-15 of the Criminal Code of 1961;
22 (17) Aggravated criminal sexual abuse, in violation
23 of Section 12-16 of the Criminal Code of 1961;
24 (18) Ritualized abuse of a child, in violation of
25 Section 12-33 of the Criminal Code of 1961;
26 (19) An attempt to commit any of the offenses
27 enumerated in this subsection (c).
28 (d) "Management" means counseling, monitoring, and
29 supervision of any sex offender that conforms to the
30 standards created by the Board under Section 15.
31 Section 15. Sex Offender Management Board; creation;
32 duties.
33 (a) There is created the Sex Offender Management Board,
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1 which shall consist of 20 members. The membership of the
2 Board shall consist of the following persons:
3 (1) Two members appointed by the Governor
4 representing the judiciary, one representing juvenile
5 court matters and one representing adult criminal court
6 matters;
7 (2) One member appointed by the Governor
8 representing Probation Services;
9 (3) One member appointed by the Governor
10 representing the Department of Corrections;
11 (4) One member appointed by the Governor
12 representing the Department of Human Services;
13 (5) One member appointed by the Governor
14 representing the Illinois State Police;
15 (6) One member appointed by the Governor
16 representing the Department of Children and Family
17 Services;
18 (7) One member appointed by the Attorney General
19 representing the Office of the Attorney General;
20 (8) Two members appointed by the Attorney General
21 who are licensed mental health professionals with
22 documented expertise in the treatment of sex offenders;
23 (9) Two members appointed by the Attorney General
24 who are State's Attorneys or assistant State's Attorneys,
25 one representing juvenile court matters and one
26 representing felony court matters;
27 (10) One member being the Cook County State's
28 Attorney or his or her designee;
29 (11) One member being the Director of the State's
30 Attorneys Appellate Prosecutor or his or her designee;
31 (12) Two members appointed by the Attorney General
32 who are public defenders, one representing juvenile court
33 matters and one representing adult court matters;
34 (13) Two members appointed by the Governor who are
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1 representatives of law enforcement, one juvenile officer
2 and one sex crime investigator; and
3 (14) Two members appointed by the Attorney General
4 who are recognized experts in the field of sexual assault
5 and who can represent sexual assault victims and victims'
6 rights organizations.
7 (b) The Governor and the Attorney General shall appoint
8 a presiding officer for the Board from among the board
9 members appointed under subsection (a) of this Section, which
10 presiding officer shall serve at the pleasure of the Governor
11 and the Attorney General.
12 (c) Each member of the Board shall demonstrate
13 substantial expertise and experience in the field of sexual
14 assault.
15 (d) (1) Any member of the Board created in subsection
16 (a) of this Section who is appointed under paragraphs (1)
17 through (7) of subsection (a) of this Section shall serve at
18 the pleasure of the official who appointed that member, for a
19 term of 5 years and may be reappointed. The members shall
20 serve without additional compensation.
21 (2) Any member of the Board created in subsection
22 (a) of this Section who is appointed under paragraphs (8)
23 through (14) of subsection (a) of this Section shall
24 serve for a term of 5 years and may be reappointed. The
25 members shall serve without compensation.
26 (3) The travel costs associated with membership on
27 the Board created in subsection (a) of this Section will
28 be reimbursed subject to availability of funds.
29 (e) The first meeting of this Board shall be held within
30 45 days of the effective date of this Act.
31 (f) The Board shall carry out the following duties:
32 (1) Not later than 18 months after the effective
33 date of this Act, the Board shall develop and prescribe
34 separate standardized procedures for the evaluation and
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1 identification of the offender and recommend behavior
2 management, monitoring, and counseling based upon the
3 knowledge that sex offenders are extremely habituated and
4 that there is no known cure for the propensity to commit
5 sex abuse. The Board shall develop and implement
6 measures of success based upon a no-cure policy for
7 intervention. The Board shall develop and implement
8 methods of intervention for sex offenders which have as a
9 priority the physical and psychological safety of victims
10 and potential victims and which are appropriate to the
11 needs of the particular offender, so long as there is no
12 reduction of the safety of victims and potential victims.
13 (2) Not later than 18 months after the effective
14 date of this Act, the Board shall develop separate
15 guidelines and standards for a system of programs for the
16 counseling of both juvenile and adult sex offenders which
17 can be utilized by offenders who are placed on probation,
18 committed to the Department of Corrections, or placed on
19 mandatory supervised release or parole. The programs
20 developed under this paragraph (f) shall be as flexible
21 as possible so that the programs may be utilized by each
22 offender to prevent the offender from harming victims and
23 potential victims. The programs shall be structured in
24 such a manner that the programs provide a continuing
25 monitoring process as well as a continuum of counseling
26 programs for each offender as that offender proceeds
27 through the justice system. Also, the programs shall be
28 developed in such a manner that, to the extent possible,
29 the programs may be accessed by all offenders in the
30 justice system.
31 (3) There is established the Sex Offender
32 Management Board Fund in the State Treasury into which
33 funds received from public or private sources shall be
34 deposited, and from which funds shall be appropriated to
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1 the Sex Offender Management Board for planning and
2 research.
3 (4) The Board shall develop and prescribe a plan to
4 research and analyze the effectiveness of the evaluation,
5 identification, and counseling procedures and programs
6 developed under this Act. The Board shall also develop
7 and prescribe a system for implementation of the
8 guidelines and standards developed under paragraph (2) of
9 this subsection (f) and for tracking offenders who have
10 been subjected to evaluation, identification, and
11 counseling under this Act. In addition, the Board shall
12 develop a system for monitoring offender behaviors and
13 offender adherence to prescribed behavioral changes. The
14 results of the tracking and behavioral monitoring shall
15 be a part of any analysis made under this paragraph (4).
16 (g) The Board may promulgate rules as are necessary to
17 carry out the duties of the Board.
18 (h) The Board and the individual members of the Board
19 shall be immune from any liability, whether civil or
20 criminal, for the good faith performance of the duties of the
21 Board as specified in this Section.
22 Section 20. Report to the General Assembly. Upon
23 completion of the duties prescribed in paragraphs (1) and (2)
24 of subsection (f) of Section 15, the Board shall make a
25 report to the General Assembly regarding the standardized
26 procedures developed under this Act, the standardized
27 programs developed under this Act, the plans for
28 implementation developed under this Act, and the plans for
29 research and analysis developed under this Act.
30 Section 95. The State Finance Act is amended by adding
31 Section 5.449 as follows:
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1 (30 ILCS 105/5.449 new)
2 Sec. 5.449. The Sex Offender Management Board Fund.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".