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90_SB1713enr
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Amends the State Employee Indemnification Act to include
in the definition of "employee" individuals or organizations
that contract with the Department of Human Services to
provide for the treatment and other services for sexually
violent persons. Amends the Civil Administrative Code to
provide that upon request of the Department of Human
Services, the Department of State Police shall conduct an
assessment and evaluation of a sexually violent person and
shall furnish criminal history information maintained on the
sexually violent person. Amends the Criminal Code of 1961.
Provides that it is a Class 2 felony for a person who is
committed to the Department of Human Services under the
Sexually Violent Persons Commitment Act or in detention with
the Department of Human Services awaiting such a commitment
to intentionally escape from a secure residential facility or
from the custody of an employee of the facility. Amends the
Rights of Crime Victims and Witnesses Act to provide that
when a defendant who served his or her sentence is then
committed to the Department of Human Services as a sexually
violent person, the releasing authority shall inform the
Department of Human Services that a victim of that defendant
has requested notification, if the victim has made that
request, of that defendant's release. Amends the Sexually
Violent Persons Commitment Act to provide that the Department
of Human Services may investigate the financial condition of
a sexually violent person committed under the Act, may make
determinations of the ability of each such person to pay for
treatment services, and may set a standard as a basis of
judging the ability of a committed person to person to pay
for treatment. Makes other changes. Amends the Unified Code
of Corrections to include in the definition of "committed
person" for purposes of the escape statute, a person
committed as a sexually violent person and who is held in a
secure facility. Effective immediately.
LRB9008710RCpcB
SB1713 Enrolled LRB9008710RCpcB
1 AN ACT in relation to sex offenders.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Employee Indemnification Act is
5 amended by changing Section 1 as follows:
6 (5 ILCS 350/1) (from Ch. 127, par. 1301)
7 Sec. 1. Definitions. For the purpose of this Act:
8 (a) The term "State" means the State of Illinois, the
9 General Assembly, the court, or any State office, department,
10 division, bureau, board, commission, or committee, the
11 governing boards of the public institutions of higher
12 education created by the State, the Illinois National Guard,
13 the Comprehensive Health Insurance Board, any poison control
14 center designated under the Poison Control System Act that
15 receives State funding, or any other agency or
16 instrumentality of the State. It does not mean any local
17 public entity as that term is defined in Section 1-206 of the
18 Local Governmental and Governmental Employees Tort Immunity
19 Act or a pension fund.
20 (b) The term "employee" means any present or former
21 elected or appointed officer, trustee or employee of the
22 State, or of a pension fund, any present or former member of
23 the Illinois National Guard while on active duty, individuals
24 or organizations who contract with the Department of
25 Corrections, the Comprehensive Health Insurance Board, or the
26 Department of Veterans' Affairs to provide services,
27 individuals or organizations who contract with the Department
28 of Human Services (as successor to the Department of Mental
29 Health and Developmental Disabilities) to provide services
30 including but not limited to treatment and other services for
31 sexually violent persons or as participating mental health
SB1713 Enrolled -2- LRB9008710RCpcB
1 centers as defined in the Mental Health and Developmental
2 Disabilities Code, individuals or organizations who contract
3 with the Department of Military Affairs for youth programs,
4 individuals or organizations who contract to perform carnival
5 and amusement ride safety inspections for the Department of
6 Labor, individual representatives of or designated
7 organizations authorized to represent the Office of State
8 Long-Term Ombudsman for the Department on Aging, individual
9 representatives of or organizations designated by the
10 Department on Aging in the performance of their duties as
11 elder abuse provider agencies or regional administrative
12 agencies under the Elder Abuse and Neglect Act, individuals
13 or organizations who perform volunteer services for the State
14 where such volunteer relationship is reduced to writing,
15 individuals who serve on any public entity (whether created
16 by law or administrative action) described in paragraph (a)
17 of this Section, individuals or not for profit organizations
18 who, either as volunteers, where such volunteer relationship
19 is reduced to writing, or pursuant to contract, furnish
20 professional advice or consultation to any agency or
21 instrumentality of the State, individuals who serve as foster
22 parents for the Department of Children and Family Services
23 when caring for a Department ward, and individuals who serve
24 as arbitrators pursuant to Part 10A of Article II of the Code
25 of Civil Procedure and the rules of the Supreme Court
26 implementing Part 10A, each as now or hereafter amended, but
27 does not mean an independent contractor except as provided in
28 this Section. The term includes an individual appointed as an
29 inspector by the Director of State Police when performing
30 duties within the scope of the activities of a Metropolitan
31 Enforcement Group or a law enforcement organization
32 established under the Intergovernmental Cooperation Act. An
33 individual who renders professional advice and consultation
34 to the State through an organization which qualifies as an
SB1713 Enrolled -3- LRB9008710RCpcB
1 "employee" under the Act is also an employee. The term
2 includes the estate or personal representative of an
3 employee.
4 (c) The term "pension fund" means a retirement system or
5 pension fund created under the Illinois Pension Code.
6 (Source: P.A. 88-14; 88-45; 88-198; 88-484; 88-670, eff.
7 12-2-94; 89-507, eff. 7-1-97.)
8 Section 10. The Civil Administrative Code of Illinois is
9 amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 (Text of Section before amendment by P.A. 90-372)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
22 3. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the
24 Criminal Identification Act.
25 4. To (a) investigate the origins, activities, personnel
26 and incidents of crime and the ways and means to redress the
27 victims of crimes, and study the impact, if any, of
28 legislation relative to the effusion of crime and growing
29 crime rates, and enforce the criminal laws of this State
30 related thereto, (b) enforce all laws regulating the
31 production, sale, prescribing, manufacturing, administering,
32 transporting, having in possession, dispensing, delivering,
SB1713 Enrolled -4- LRB9008710RCpcB
1 distributing, or use of controlled substances and cannabis,
2 (c) employ skilled experts, scientists, technicians,
3 investigators or otherwise specially qualified persons to aid
4 in preventing or detecting crime, apprehending criminals, or
5 preparing and presenting evidence of violations of the
6 criminal laws of the State, (d) cooperate with the police of
7 cities, villages and incorporated towns, and with the police
8 officers of any county, in enforcing the laws of the State
9 and in making arrests and recovering property, (e) apprehend
10 and deliver up any person charged in this State or any other
11 State of the United States with treason, felony, or other
12 crime, who has fled from justice and is found in this State,
13 and (f) conduct such other investigations as may be provided
14 by law. Persons exercising these powers within the Department
15 are conservators of the peace and as such have all the powers
16 possessed by policemen in cities and sheriffs, except that
17 they may exercise such powers anywhere in the State in
18 cooperation with and after contact with the local law
19 enforcement officials. Such persons may use false or
20 fictitious names in the performance of their duties under
21 this paragraph, upon approval of the Director, and shall not
22 be subject to prosecution under the criminal laws for such
23 use.
24 5. To: (a) be a central repository and custodian of
25 criminal statistics for the State, (b) be a central
26 repository for criminal history record information, (c)
27 procure and file for record such information as is necessary
28 and helpful to plan programs of crime prevention, law
29 enforcement and criminal justice, (d) procure and file for
30 record such copies of fingerprints, as may be required by
31 law, (e) establish general and field crime laboratories, (f)
32 register and file for record such information as may be
33 required by law for the issuance of firearm owner's
34 identification cards, (g) employ polygraph operators,
SB1713 Enrolled -5- LRB9008710RCpcB
1 laboratory technicians and other specially qualified persons
2 to aid in the identification of criminal activity, and (h)
3 undertake such other identification, information, laboratory,
4 statistical or registration activities as may be required by
5 law.
6 6. To (a) acquire and operate one or more radio
7 broadcasting stations in the State to be used for police
8 purposes, (b) operate a statewide communications network to
9 gather and disseminate information for law enforcement
10 agencies, (c) operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity, and (d) undertake such other
13 communication activities as may be required by law.
14 7. To provide, as may be required by law, assistance to
15 local law enforcement agencies through (a) training,
16 management and consultant services for local law enforcement
17 agencies, and (b) the pursuit of research and the publication
18 of studies pertaining to local law enforcement activities.
19 8. To exercise the rights, powers and duties which have
20 been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 9. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Illinois Vehicle Code.
26 10. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the Firearm
28 Owners Identification Card Act.
29 11. To enforce and administer such other laws in
30 relation to law enforcement as may be vested in the
31 Department.
32 12. To transfer jurisdiction of any realty title to
33 which is held by the State of Illinois under the control of
34 the Department to any other department of the State
SB1713 Enrolled -6- LRB9008710RCpcB
1 government or to the State Employees Housing Commission, or
2 to acquire or accept Federal land, when such transfer,
3 acquisition or acceptance is advantageous to the State and is
4 approved in writing by the Governor.
5 13. With the written approval of the Governor, to enter
6 into agreements with other departments created by this Act,
7 for the furlough of inmates of the penitentiary to such other
8 departments for their use in research programs being
9 conducted by them.
10 For the purpose of participating in such research
11 projects, the Department may extend the limits of any
12 inmate's place of confinement, when there is reasonable cause
13 to believe that the inmate will honor his or her trust by
14 authorizing the inmate, under prescribed conditions, to leave
15 the confines of the place unaccompanied by a custodial agent
16 of the Department. The Department shall make rules governing
17 the transfer of the inmate to the requesting other department
18 having the approved research project, and the return of such
19 inmate to the unextended confines of the penitentiary. Such
20 transfer shall be made only with the consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting such extension shall
25 be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 14. To provide investigative services, with all of the
29 powers possessed by policemen in cities and sheriffs, in and
30 around all race tracks subject to the Horse Racing Act of
31 1975.
32 15. To expend such sums as the Director deems necessary
33 from Contractual Services appropriations for the Division of
34 Criminal Investigation for the purchase of evidence and for
SB1713 Enrolled -7- LRB9008710RCpcB
1 the employment of persons to obtain evidence. Such sums shall
2 be advanced to agents authorized by the Director to expend
3 funds, on vouchers signed by the Director.
4 16. To assist victims and witnesses in gang crime
5 prosecutions through the administration of funds appropriated
6 from the Gang Violence Victims and Witnesses Fund to the
7 Department. Such funds shall be appropriated to the
8 Department and shall only be used to assist victims and
9 witnesses in gang crime prosecutions and such assistance may
10 include any of the following:
11 (a) temporary living costs;
12 (b) moving expenses;
13 (c) closing costs on the sale of private residence;
14 (d) first month's rent;
15 (e) security deposits;
16 (f) apartment location assistance;
17 (g) other expenses which the Department considers
18 appropriate; and
19 (h) compensation for any loss of or injury to real
20 or personal property resulting from a gang crime to a
21 maximum of $5,000, subject to the following provisions:
22 (1) in the case of loss of property, the
23 amount of compensation shall be measured by the
24 replacement cost of similar or like property which
25 has been incurred by and which is substantiated by
26 the property owner,
27 (2) in the case of injury to property, the
28 amount of compensation shall be measured by the cost
29 of repair incurred and which can be substantiated by
30 the property owner,
31 (3) compensation under this provision is a
32 secondary source of compensation and shall be
33 reduced by any amount the property owner receives
34 from any other source as compensation for the loss
SB1713 Enrolled -8- LRB9008710RCpcB
1 or injury, including, but not limited to, personal
2 insurance coverage,
3 (4) no compensation may be awarded if the
4 property owner was an offender or an accomplice of
5 the offender, or if the award would unjustly benefit
6 the offender or offenders, or an accomplice of the
7 offender or offenders.
8 No victim or witness may receive such assistance if he or
9 she is not a part of or fails to fully cooperate in the
10 prosecution of gang crime members by law enforcement
11 authorities.
12 The Department shall promulgate any rules necessary for
13 the implementation of this amendatory Act of 1985.
14 17. To conduct arson investigations.
15 18. To develop a separate statewide statistical police
16 contact record keeping system for the study of juvenile
17 delinquency. The records of this police contact system shall
18 be limited to statistical information. No individually
19 identifiable information shall be maintained in the police
20 contact statistical record system.
21 19. To develop a separate statewide central adjudicatory
22 and dispositional records system for persons under 19 years
23 of age who have been adjudicated delinquent minors and to
24 make information available to local registered participating
25 police youth officers so that police youth officers will be
26 able to obtain rapid access to the juvenile's background from
27 other jurisdictions to the end that the police youth officers
28 can make appropriate dispositions which will best serve the
29 interest of the child and the community. Information
30 maintained in the adjudicatory and dispositional record
31 system shall be limited to the incidents or offenses for
32 which the minor was adjudicated delinquent by a court, and a
33 copy of the court's dispositional order. All individually
34 identifiable records in the adjudicatory and dispositional
SB1713 Enrolled -9- LRB9008710RCpcB
1 records system shall be destroyed when the person reaches 19
2 years of age.
3 20. To develop rules which guarantee the confidentiality
4 of such individually identifiable adjudicatory and
5 dispositional records except when used for the following:
6 (a) by authorized juvenile court personnel or the
7 State's Attorney in connection with proceedings under the
8 Juvenile Court Act of 1987; or
9 (b) inquiries from registered police youth
10 officers.
11 For the purposes of this Act "police youth officer" means
12 a member of a duly organized State, county or municipal
13 police force who is assigned by his or her Superintendent,
14 Sheriff or chief of police, as the case may be, to specialize
15 in youth problems.
16 21. To develop administrative rules and administrative
17 hearing procedures which allow a minor, his or her attorney,
18 and his or her parents or guardian access to individually
19 identifiable adjudicatory and dispositional records for the
20 purpose of determining or challenging the accuracy of the
21 records. Final administrative decisions shall be subject to
22 the provisions of the Administrative Review Law.
23 22. To charge, collect, and receive fees or moneys
24 equivalent to the cost of providing Department of State
25 Police personnel, equipment, and services to local
26 governmental agencies when explicitly requested by a local
27 governmental agency and pursuant to an intergovernmental
28 agreement as provided by this Section, other State agencies,
29 and federal agencies, including but not limited to fees or
30 moneys equivalent to the cost of providing dispatching
31 services, radio and radar repair, and training to local
32 governmental agencies on such terms and conditions as in the
33 judgment of the Director are in the best interest of the
34 State; and to establish, charge, collect and receive fees or
SB1713 Enrolled -10- LRB9008710RCpcB
1 moneys based on the cost of providing responses to requests
2 for criminal history record information pursuant to positive
3 identification and any Illinois or federal law authorizing
4 access to some aspect of such information and to prescribe
5 the form and manner for requesting and furnishing such
6 information to the requestor on such terms and conditions as
7 in the judgment of the Director are in the best interest of
8 the State, provided fees for requesting and furnishing
9 criminal history record information may be waived for
10 requests in the due administration of the criminal laws. The
11 Department may also charge, collect and receive fees or
12 moneys equivalent to the cost of providing electronic data
13 processing lines or related telecommunication services to
14 local governments, but only when such services can be
15 provided by the Department at a cost less than that
16 experienced by said local governments through other means.
17 All services provided by the Department shall be conducted
18 pursuant to contracts in accordance with the
19 Intergovernmental Cooperation Act, and all telecommunication
20 services shall be provided pursuant to the provisions of
21 Section 67.18 of this Code.
22 All fees received by the Department of State Police under
23 this Act or the Illinois Uniform Conviction Information Act
24 shall be deposited in a special fund in the State Treasury to
25 be known as the State Police Services Fund. The money
26 deposited in the State Police Services Fund shall be
27 appropriated to the Department of State Police for expenses
28 of the Department of State Police.
29 In addition to any other permitted use of moneys in the
30 Fund, and notwithstanding any restriction on the use of the
31 Fund, moneys in the State Police Services Fund may be
32 transferred to the General Revenue Fund as authorized by this
33 amendatory Act of 1992. The General Assembly finds that an
34 excess of moneys exists in the Fund. On February 1, 1992,
SB1713 Enrolled -11- LRB9008710RCpcB
1 the Comptroller shall order transferred and the Treasurer
2 shall transfer $500,000 (or such lesser amount as may be on
3 deposit in the Fund and unexpended and unobligated on that
4 date) from the Fund to the General Revenue Fund.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To help assist the Department in this
28 effort, funds may be appropriated from the LEADS Maintenance
29 Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
SB1713 Enrolled -12- LRB9008710RCpcB
1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
SB1713 Enrolled -13- LRB9008710RCpcB
1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
SB1713 Enrolled -14- LRB9008710RCpcB
1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
SB1713 Enrolled -15- LRB9008710RCpcB
1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Board shall develop and
12 certify a course of such training to be made available to
13 local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
SB1713 Enrolled -16- LRB9008710RCpcB
1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Illinois
20 Public Aid Code and Title IV, Part D of the Social Security
21 Act. The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 36. Upon request of the Department of Human Services, to
25 conduct an assessment and evaluation of sexually violent
26 persons as mandated by the Sexually Violent Persons
27 Commitment Act, the Department shall furnish criminal history
28 information maintained on the requested person. The request
29 shall be in the form and manner specified by the Department.
30 (B) The Department of State Police may establish and
31 maintain, within the Department of State Police, a Statewide
32 Organized Criminal Gang Database (SWORD) for the purpose of
33 tracking organized criminal gangs and their memberships.
34 Information in the database may include, but not be limited
SB1713 Enrolled -17- LRB9008710RCpcB
1 to, the name, last known address, birth date, physical
2 descriptions (such as scars, marks, or tattoos), officer
3 safety information, organized gang affiliation, and entering
4 agency identifier. The Department may develop, in
5 consultation with the Criminal Justice Information Authority,
6 and in a form and manner prescribed by the Department, an
7 automated data exchange system to compile, to maintain, and
8 to make this information electronically available to
9 prosecutors and to other law enforcement agencies. The
10 information may be used by authorized agencies to combat the
11 operations of organized criminal gangs statewide.
12 (C) The Department of State Police may ascertain the
13 number of bilingual police officers and other personnel
14 needed to provide services in a language other than English
15 and may establish, under applicable personnel rules and
16 Department guidelines or through a collective bargaining
17 agreement, a bilingual pay supplement program.
18 35. The Illinois Department of Public Aid is an
19 authorized entity under this Section for the purpose of
20 obtaining access to various data repositories available
21 through LEADS, to facilitate the location of individuals for
22 establishing paternity, and establishing, modifying, and
23 enforcing child support obligations, pursuant to the Public
24 Aid Code and Title IV, Section D of the Social Security Act.
25 The Department shall enter into an agreement with the
26 Illinois Department of Public Aid consistent with these
27 purposes.
28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
29 90-130, eff. 1-1-98; revised 1-5-98.)
30 (Text of Section after amendment by P.A. 90-372)
31 Sec. 55a. Powers and duties.
32 (A) The Department of State Police shall have the
33 following powers and duties, and those set forth in Sections
34 55a-1 through 55c:
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1 1. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the State
3 Police Act.
4 2. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the State
6 Police Radio Act.
7 3. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the
9 Criminal Identification Act.
10 4. To (a) investigate the origins, activities, personnel
11 and incidents of crime and the ways and means to redress the
12 victims of crimes, and study the impact, if any, of
13 legislation relative to the effusion of crime and growing
14 crime rates, and enforce the criminal laws of this State
15 related thereto, (b) enforce all laws regulating the
16 production, sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing, delivering,
18 distributing, or use of controlled substances and cannabis,
19 (c) employ skilled experts, scientists, technicians,
20 investigators or otherwise specially qualified persons to aid
21 in preventing or detecting crime, apprehending criminals, or
22 preparing and presenting evidence of violations of the
23 criminal laws of the State, (d) cooperate with the police of
24 cities, villages and incorporated towns, and with the police
25 officers of any county, in enforcing the laws of the State
26 and in making arrests and recovering property, (e) apprehend
27 and deliver up any person charged in this State or any other
28 State of the United States with treason, felony, or other
29 crime, who has fled from justice and is found in this State,
30 and (f) conduct such other investigations as may be provided
31 by law. Persons exercising these powers within the Department
32 are conservators of the peace and as such have all the powers
33 possessed by policemen in cities and sheriffs, except that
34 they may exercise such powers anywhere in the State in
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1 cooperation with and after contact with the local law
2 enforcement officials. Such persons may use false or
3 fictitious names in the performance of their duties under
4 this paragraph, upon approval of the Director, and shall not
5 be subject to prosecution under the criminal laws for such
6 use.
7 5. To: (a) be a central repository and custodian of
8 criminal statistics for the State, (b) be a central
9 repository for criminal history record information, (c)
10 procure and file for record such information as is necessary
11 and helpful to plan programs of crime prevention, law
12 enforcement and criminal justice, (d) procure and file for
13 record such copies of fingerprints, as may be required by
14 law, (e) establish general and field crime laboratories, (f)
15 register and file for record such information as may be
16 required by law for the issuance of firearm owner's
17 identification cards, (g) employ polygraph operators,
18 laboratory technicians and other specially qualified persons
19 to aid in the identification of criminal activity, and (h)
20 undertake such other identification, information, laboratory,
21 statistical or registration activities as may be required by
22 law.
23 6. To (a) acquire and operate one or more radio
24 broadcasting stations in the State to be used for police
25 purposes, (b) operate a statewide communications network to
26 gather and disseminate information for law enforcement
27 agencies, (c) operate an electronic data processing and
28 computer center for the storage and retrieval of data
29 pertaining to criminal activity, and (d) undertake such other
30 communication activities as may be required by law.
31 7. To provide, as may be required by law, assistance to
32 local law enforcement agencies through (a) training,
33 management and consultant services for local law enforcement
34 agencies, and (b) the pursuit of research and the publication
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1 of studies pertaining to local law enforcement activities.
2 8. To exercise the rights, powers and duties which have
3 been vested in the Department of State Police and the
4 Director of the Department of State Police by the Narcotic
5 Control Division Abolition Act.
6 9. To exercise the rights, powers and duties which have
7 been vested in the Department of Public Safety by the
8 Illinois Vehicle Code.
9 10. To exercise the rights, powers and duties which have
10 been vested in the Department of Public Safety by the Firearm
11 Owners Identification Card Act.
12 11. To enforce and administer such other laws in
13 relation to law enforcement as may be vested in the
14 Department.
15 12. To transfer jurisdiction of any realty title to
16 which is held by the State of Illinois under the control of
17 the Department to any other department of the State
18 government or to the State Employees Housing Commission, or
19 to acquire or accept Federal land, when such transfer,
20 acquisition or acceptance is advantageous to the State and is
21 approved in writing by the Governor.
22 13. With the written approval of the Governor, to enter
23 into agreements with other departments created by this Act,
24 for the furlough of inmates of the penitentiary to such other
25 departments for their use in research programs being
26 conducted by them.
27 For the purpose of participating in such research
28 projects, the Department may extend the limits of any
29 inmate's place of confinement, when there is reasonable cause
30 to believe that the inmate will honor his or her trust by
31 authorizing the inmate, under prescribed conditions, to leave
32 the confines of the place unaccompanied by a custodial agent
33 of the Department. The Department shall make rules governing
34 the transfer of the inmate to the requesting other department
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1 having the approved research project, and the return of such
2 inmate to the unextended confines of the penitentiary. Such
3 transfer shall be made only with the consent of the inmate.
4 The willful failure of a prisoner to remain within the
5 extended limits of his or her confinement or to return within
6 the time or manner prescribed to the place of confinement
7 designated by the Department in granting such extension shall
8 be deemed an escape from custody of the Department and
9 punishable as provided in Section 3-6-4 of the Unified Code
10 of Corrections.
11 14. To provide investigative services, with all of the
12 powers possessed by policemen in cities and sheriffs, in and
13 around all race tracks subject to the Horse Racing Act of
14 1975.
15 15. To expend such sums as the Director deems necessary
16 from Contractual Services appropriations for the Division of
17 Criminal Investigation for the purchase of evidence and for
18 the employment of persons to obtain evidence. Such sums shall
19 be advanced to agents authorized by the Director to expend
20 funds, on vouchers signed by the Director.
21 16. To assist victims and witnesses in gang crime
22 prosecutions through the administration of funds appropriated
23 from the Gang Violence Victims and Witnesses Fund to the
24 Department. Such funds shall be appropriated to the
25 Department and shall only be used to assist victims and
26 witnesses in gang crime prosecutions and such assistance may
27 include any of the following:
28 (a) temporary living costs;
29 (b) moving expenses;
30 (c) closing costs on the sale of private residence;
31 (d) first month's rent;
32 (e) security deposits;
33 (f) apartment location assistance;
34 (g) other expenses which the Department considers
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1 appropriate; and
2 (h) compensation for any loss of or injury to real
3 or personal property resulting from a gang crime to a
4 maximum of $5,000, subject to the following provisions:
5 (1) in the case of loss of property, the
6 amount of compensation shall be measured by the
7 replacement cost of similar or like property which
8 has been incurred by and which is substantiated by
9 the property owner,
10 (2) in the case of injury to property, the
11 amount of compensation shall be measured by the cost
12 of repair incurred and which can be substantiated by
13 the property owner,
14 (3) compensation under this provision is a
15 secondary source of compensation and shall be
16 reduced by any amount the property owner receives
17 from any other source as compensation for the loss
18 or injury, including, but not limited to, personal
19 insurance coverage,
20 (4) no compensation may be awarded if the
21 property owner was an offender or an accomplice of
22 the offender, or if the award would unjustly benefit
23 the offender or offenders, or an accomplice of the
24 offender or offenders.
25 No victim or witness may receive such assistance if he or
26 she is not a part of or fails to fully cooperate in the
27 prosecution of gang crime members by law enforcement
28 authorities.
29 The Department shall promulgate any rules necessary for
30 the implementation of this amendatory Act of 1985.
31 17. To conduct arson investigations.
32 18. To develop a separate statewide statistical police
33 contact record keeping system for the study of juvenile
34 delinquency. The records of this police contact system shall
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1 be limited to statistical information. No individually
2 identifiable information shall be maintained in the police
3 contact statistical record system.
4 19. To develop a separate statewide central adjudicatory
5 and dispositional records system for persons under 19 years
6 of age who have been adjudicated delinquent minors and to
7 make information available to local registered participating
8 police youth officers so that police youth officers will be
9 able to obtain rapid access to the juvenile's background from
10 other jurisdictions to the end that the police youth officers
11 can make appropriate dispositions which will best serve the
12 interest of the child and the community. Information
13 maintained in the adjudicatory and dispositional record
14 system shall be limited to the incidents or offenses for
15 which the minor was adjudicated delinquent by a court, and a
16 copy of the court's dispositional order. All individually
17 identifiable records in the adjudicatory and dispositional
18 records system shall be destroyed when the person reaches 19
19 years of age.
20 20. To develop rules which guarantee the confidentiality
21 of such individually identifiable adjudicatory and
22 dispositional records except when used for the following:
23 (a) by authorized juvenile court personnel or the
24 State's Attorney in connection with proceedings under the
25 Juvenile Court Act of 1987; or
26 (b) inquiries from registered police youth
27 officers.
28 For the purposes of this Act "police youth officer" means
29 a member of a duly organized State, county or municipal
30 police force who is assigned by his or her Superintendent,
31 Sheriff or chief of police, as the case may be, to specialize
32 in youth problems.
33 21. To develop administrative rules and administrative
34 hearing procedures which allow a minor, his or her attorney,
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1 and his or her parents or guardian access to individually
2 identifiable adjudicatory and dispositional records for the
3 purpose of determining or challenging the accuracy of the
4 records. Final administrative decisions shall be subject to
5 the provisions of the Administrative Review Law.
6 22. To charge, collect, and receive fees or moneys
7 equivalent to the cost of providing Department of State
8 Police personnel, equipment, and services to local
9 governmental agencies when explicitly requested by a local
10 governmental agency and pursuant to an intergovernmental
11 agreement as provided by this Section, other State agencies,
12 and federal agencies, including but not limited to fees or
13 moneys equivalent to the cost of providing dispatching
14 services, radio and radar repair, and training to local
15 governmental agencies on such terms and conditions as in the
16 judgment of the Director are in the best interest of the
17 State; and to establish, charge, collect and receive fees or
18 moneys based on the cost of providing responses to requests
19 for criminal history record information pursuant to positive
20 identification and any Illinois or federal law authorizing
21 access to some aspect of such information and to prescribe
22 the form and manner for requesting and furnishing such
23 information to the requestor on such terms and conditions as
24 in the judgment of the Director are in the best interest of
25 the State, provided fees for requesting and furnishing
26 criminal history record information may be waived for
27 requests in the due administration of the criminal laws. The
28 Department may also charge, collect and receive fees or
29 moneys equivalent to the cost of providing electronic data
30 processing lines or related telecommunication services to
31 local governments, but only when such services can be
32 provided by the Department at a cost less than that
33 experienced by said local governments through other means.
34 All services provided by the Department shall be conducted
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1 pursuant to contracts in accordance with the
2 Intergovernmental Cooperation Act, and all telecommunication
3 services shall be provided pursuant to the provisions of
4 Section 67.18 of this Code.
5 All fees received by the Department of State Police under
6 this Act or the Illinois Uniform Conviction Information Act
7 shall be deposited in a special fund in the State Treasury to
8 be known as the State Police Services Fund. The money
9 deposited in the State Police Services Fund shall be
10 appropriated to the Department of State Police for expenses
11 of the Department of State Police.
12 Upon the completion of any audit of the Department of
13 State Police as prescribed by the Illinois State Auditing
14 Act, which audit includes an audit of the State Police
15 Services Fund, the Department of State Police shall make the
16 audit open to inspection by any interested person.
17 23. To exercise the powers and perform the duties which
18 have been vested in the Department of State Police by the
19 Intergovernmental Missing Child Recovery Act of 1984, and to
20 establish reasonable rules and regulations necessitated
21 thereby.
22 24. (a) To establish and maintain a statewide Law
23 Enforcement Agencies Data System (LEADS) for the purpose of
24 providing electronic access by authorized entities to
25 criminal justice data repositories and effecting an immediate
26 law enforcement response to reports of missing persons,
27 including lost, missing or runaway minors. The Department
28 shall implement an automatic data exchange system to compile,
29 to maintain and to make available to other law enforcement
30 agencies for immediate dissemination data which can assist
31 appropriate agencies in recovering missing persons and
32 provide access by authorized entities to various data
33 repositories available through LEADS for criminal justice and
34 related purposes. To help assist the Department in this
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1 effort, funds may be appropriated from the LEADS Maintenance
2 Fund.
3 (b) In exercising its duties under this subsection, the
4 Department shall:
5 (1) provide a uniform reporting format for the
6 entry of pertinent information regarding the report of a
7 missing person into LEADS;
8 (2) develop and implement a policy whereby a
9 statewide or regional alert would be used in situations
10 relating to the disappearances of individuals, based on
11 criteria and in a format established by the Department.
12 Such a format shall include, but not be limited to, the
13 age of the missing person and the suspected circumstance
14 of the disappearance;
15 (3) notify all law enforcement agencies that
16 reports of missing persons shall be entered as soon as
17 the minimum level of data specified by the Department is
18 available to the reporting agency, and that no waiting
19 period for the entry of such data exists;
20 (4) compile and retain information regarding lost,
21 abducted, missing or runaway minors in a separate data
22 file, in a manner that allows such information to be used
23 by law enforcement and other agencies deemed appropriate
24 by the Director, for investigative purposes. Such
25 information shall include the disposition of all reported
26 lost, abducted, missing or runaway minor cases;
27 (5) compile and maintain an historic data
28 repository relating to lost, abducted, missing or runaway
29 minors and other missing persons in order to develop and
30 improve techniques utilized by law enforcement agencies
31 when responding to reports of missing persons; and
32 (6) create a quality control program regarding
33 confirmation of missing person data, timeliness of
34 entries of missing person reports into LEADS and
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1 performance audits of all entering agencies.
2 25. On request of a school board or regional
3 superintendent of schools, to conduct an inquiry pursuant to
4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
5 an applicant for employment in a school district has been
6 convicted of any criminal or drug offenses enumerated in
7 Section 10-21.9 or 34-18.5 of the School Code. The
8 Department shall furnish such conviction information to the
9 President of the school board of the school district which
10 has requested the information, or if the information was
11 requested by the regional superintendent to that regional
12 superintendent.
13 26. To promulgate rules and regulations necessary for
14 the administration and enforcement of its powers and duties,
15 wherever granted and imposed, pursuant to the Illinois
16 Administrative Procedure Act.
17 27. To (a) promulgate rules pertaining to the
18 certification, revocation of certification and training of
19 law enforcement officers as electronic criminal surveillance
20 officers, (b) provide training and technical assistance to
21 State's Attorneys and local law enforcement agencies
22 pertaining to the interception of private oral
23 communications, (c) promulgate rules necessary for the
24 administration of Article 108B of the Code of Criminal
25 Procedure of 1963, including but not limited to standards for
26 recording and minimization of electronic criminal
27 surveillance intercepts, documentation required to be
28 maintained during an intercept, procedures in relation to
29 evidence developed by an intercept, and (d) charge a
30 reasonable fee to each law enforcement agency that sends
31 officers to receive training as electronic criminal
32 surveillance officers.
33 28. Upon the request of any private organization which
34 devotes a major portion of its time to the provision of
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1 recreational, social, educational or child safety services to
2 children, to conduct, pursuant to positive identification,
3 criminal background investigations of all of that
4 organization's current employees, current volunteers,
5 prospective employees or prospective volunteers charged with
6 the care and custody of children during the provision of the
7 organization's services, and to report to the requesting
8 organization any record of convictions maintained in the
9 Department's files about such persons. The Department shall
10 charge an application fee, based on actual costs, for the
11 dissemination of conviction information pursuant to this
12 subsection. The Department is empowered to establish this
13 fee and shall prescribe the form and manner for requesting
14 and furnishing conviction information pursuant to this
15 subsection. Information received by the organization from the
16 Department concerning an individual shall be provided to such
17 individual. Any such information obtained by the
18 organization shall be confidential and may not be transmitted
19 outside the organization and may not be transmitted to anyone
20 within the organization except as needed for the purpose of
21 evaluating the individual. Only information and standards
22 which bear a reasonable and rational relation to the
23 performance of child care shall be used by the organization.
24 Any employee of the Department or any member, employee or
25 volunteer of the organization receiving confidential
26 information under this subsection who gives or causes to be
27 given any confidential information concerning any criminal
28 convictions of an individual shall be guilty of a Class A
29 misdemeanor unless release of such information is authorized
30 by this subsection.
31 29. Upon the request of the Department of Children and
32 Family Services, to investigate reports of child abuse or
33 neglect.
34 30. To obtain registration of a fictitious vital record
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1 pursuant to Section 15.1 of the Vital Records Act.
2 31. To collect and disseminate information relating to
3 "hate crimes" as defined under Section 12-7.1 of the Criminal
4 Code of 1961 contingent upon the availability of State or
5 Federal funds to revise and upgrade the Illinois Uniform
6 Crime Reporting System. All law enforcement agencies shall
7 report monthly to the Department of State Police concerning
8 such offenses in such form and in such manner as may be
9 prescribed by rules and regulations adopted by the Department
10 of State Police. Such information shall be compiled by the
11 Department and be disseminated upon request to any local law
12 enforcement agency, unit of local government, or state
13 agency. Dissemination of such information shall be subject
14 to all confidentiality requirements otherwise imposed by law.
15 The Department of State Police shall provide training for
16 State Police officers in identifying, responding to, and
17 reporting all hate crimes. The Illinois Local Governmental
18 Law Enforcement Officer's Training Board shall develop and
19 certify a course of such training to be made available to
20 local law enforcement officers.
21 32. Upon the request of a private carrier company that
22 provides transportation under Section 28b of the Metropolitan
23 Transit Authority Act, to ascertain if an applicant for a
24 driver position has been convicted of any criminal or drug
25 offense enumerated in Section 28b of the Metropolitan Transit
26 Authority Act. The Department shall furnish the conviction
27 information to the private carrier company that requested the
28 information.
29 33. To apply for grants or contracts, receive, expend,
30 allocate, or disburse funds and moneys made available by
31 public or private entities, including, but not limited to,
32 contracts, bequests, grants, or receiving equipment from
33 corporations, foundations, or public or private institutions
34 of higher learning. All funds received by the Department
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1 from these sources shall be deposited into the appropriate
2 fund in the State Treasury to be appropriated to the
3 Department for purposes as indicated by the grantor or
4 contractor or, in the case of funds or moneys bequeathed or
5 granted for no specific purpose, for any purpose as deemed
6 appropriate by the Director in administering the
7 responsibilities of the Department.
8 34. Upon the request of the Department of Children and
9 Family Services, the Department of State Police shall provide
10 properly designated employees of the Department of Children
11 and Family Services with criminal history record information
12 as defined in the Illinois Uniform Conviction Information Act
13 and information maintained in the adjudicatory and
14 dispositional record system as defined in subdivision (A)19
15 of this Section if the Department of Children and Family
16 Services determines the information is necessary to perform
17 its duties under the Abused and Neglected Child Reporting
18 Act, the Child Care Act of 1969, and the Children and Family
19 Services Act. The request shall be in the form and manner
20 specified by the Department of State Police.
21 35. The Illinois Department of Public Aid is an
22 authorized entity under this Section for the purpose of
23 obtaining access to various data repositories available
24 through LEADS, to facilitate the location of individuals for
25 establishing paternity, and establishing, modifying, and
26 enforcing child support obligations, pursuant to the Illinois
27 Public Aid Code and Title IV, Part D of the Social Security
28 Act. The Department shall enter into an agreement with the
29 Illinois Department of Public Aid consistent with these
30 purposes.
31 36. Upon request of the Department of Human Services, to
32 conduct an assessment and evaluation of sexually violent
33 persons as mandated by the Sexually Violent Persons
34 Commitment Act, the Department shall furnish criminal history
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1 information maintained on the requested person. The request
2 shall be in the form and manner specified by the Department.
3 (B) The Department of State Police may establish and
4 maintain, within the Department of State Police, a Statewide
5 Organized Criminal Gang Database (SWORD) for the purpose of
6 tracking organized criminal gangs and their memberships.
7 Information in the database may include, but not be limited
8 to, the name, last known address, birth date, physical
9 descriptions (such as scars, marks, or tattoos), officer
10 safety information, organized gang affiliation, and entering
11 agency identifier. The Department may develop, in
12 consultation with the Criminal Justice Information Authority,
13 and in a form and manner prescribed by the Department, an
14 automated data exchange system to compile, to maintain, and
15 to make this information electronically available to
16 prosecutors and to other law enforcement agencies. The
17 information may be used by authorized agencies to combat the
18 operations of organized criminal gangs statewide.
19 (C) The Department of State Police may ascertain the
20 number of bilingual police officers and other personnel
21 needed to provide services in a language other than English
22 and may establish, under applicable personnel rules and
23 Department guidelines or through a collective bargaining
24 agreement, a bilingual pay supplement program.
25 35. The Illinois Department of Public Aid is an
26 authorized entity under this Section for the purpose of
27 obtaining access to various data repositories available
28 through LEADS, to facilitate the location of individuals for
29 establishing paternity, and establishing, modifying, and
30 enforcing child support obligations, pursuant to the Public
31 Aid Code and Title IV, Section D of the Social Security Act.
32 The Department shall enter into an agreement with the
33 Illinois Department of Public Aid consistent with these
34 purposes.
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1 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
2 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
3 Section 10.5. The Sex Offender Management Board Act is
4 amended by changing Sections 5, 10, and 15 as follows:
5 (20 ILCS 4026/5)
6 Sec. 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 or mental health systems is
11 necessary in order to work toward the elimination of
12 recidivism by such offenders. Therefore, the General
13 Assembly hereby creates a program which standardizes the
14 evaluation, identification, counseling, and continued
15 monitoring of sex offenders at each stage of the criminal or
16 juvenile justice systems or mental health systems so that
17 those offenders will curtail recidivistic behavior and the
18 protection of victims and potential victims will be enhanced.
19 The General Assembly recognizes that some sex offenders
20 cannot or will not respond to counseling and that, in
21 creating the program described in this Act, the General
22 Assembly does not intend to imply that all sex offenders can
23 be successful in counseling.
24 (Source: P.A. 90-133, eff. 7-22-97.)
25 (20 ILCS 4026/10)
26 Sec. 10. Definitions. In this Act, unless the context
27 otherwise requires:
28 (a) "Board" means the Sex Offender Management Board
29 created in Section 15.
30 (b) "Sex offender" means any person who is convicted or
31 found delinquent in the State of Illinois, or under any
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1 substantially similar federal law or law of another state, of
2 any sex offense or attempt of a sex offense as defined in
3 subsection (c) of this Section, or any former statute of this
4 State that defined a felony sex offense, or who has been
5 certified as a sexually dangerous person under the Sexually
6 Dangerous Persons Act or declared a sexually violent person
7 under the Sexually Violent Persons Commitment Act, or any
8 substantially similar federal law or law of another state.
9 (c) "Sex offense" means any felony or misdemeanor
10 offense described in this subsection (c) as follows:
11 (1) Indecent solicitation of a child, in violation
12 of Section 11-6 of the Criminal Code of 1961;
13 (2) Indecent solicitation of an adult, in violation
14 of Section 11-6.5 of the Criminal Code of 1961;
15 (3) Public indecency, in violation of Section 11-9
16 of the Criminal Code of 1961;
17 (4) Sexual exploitation of a child, in violation of
18 Section 11-9.1 of the Criminal Code of 1961;
19 (5) Sexual relations within families, in violation
20 of Section 11-11 of the Criminal Code of 1961;
21 (6) Soliciting for a juvenile prostitute, in
22 violation of Section 11-15.1 of the Criminal Code of
23 1961;
24 (7) Keeping a place of juvenile prostitution, in
25 violation of Section 11-17.1 of the Criminal Code of
26 1961;
27 (8) Patronizing a juvenile prostitute, in violation
28 of Section 11-18.1 of the Criminal Code of 1961;
29 (9) Juvenile pimping, in violation of Section
30 11-19.1 of the Criminal Code of 1961;
31 (10) Exploitation of a child, in violation of
32 Section 11-19.2 of the Criminal Code of 1961;
33 (11) Child pornography, in violation of Section
34 11-20.1 of the Criminal Code of 1961;
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1 (12) Harmful material, in violation of Section
2 11-21 of the Criminal Code of 1961;
3 (13) Criminal sexual assault, in violation of
4 Section 12-13 of the Criminal Code of 1961;
5 (14) Aggravated criminal sexual assault, in
6 violation of Section 12-14 of the Criminal Code of 1961;
7 (15) Predatory criminal sexual assault of a child,
8 in violation of Section 12-14.1 of the Criminal Code of
9 1961;
10 (16) Criminal sexual abuse, in violation of Section
11 12-15 of the Criminal Code of 1961;
12 (17) Aggravated criminal sexual abuse, in violation
13 of Section 12-16 of the Criminal Code of 1961;
14 (18) Ritualized abuse of a child, in violation of
15 Section 12-33 of the Criminal Code of 1961;
16 (19) An attempt to commit any of the offenses
17 enumerated in this subsection (c).
18 (d) "Management" means counseling, monitoring, and
19 supervision of any sex offender that conforms to the
20 standards created by the Board under Section 15.
21 (Source: P.A. 90-133, eff. 7-22-97.)
22 (20 ILCS 4026/15)
23 Sec. 15. Sex Offender Management Board; creation;
24 duties.
25 (a) There is created the Sex Offender Management Board,
26 which shall consist of 20 members. The membership of the
27 Board shall consist of the following persons:
28 (1) Two members appointed by the Governor
29 representing the judiciary, one representing juvenile
30 court matters and one representing adult criminal court
31 matters;
32 (2) One member appointed by the Governor
33 representing Probation Services;
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1 (3) One member appointed by the Governor
2 representing the Department of Corrections;
3 (4) One member appointed by the Governor
4 representing the Department of Human Services;
5 (5) One member appointed by the Governor
6 representing the Illinois State Police;
7 (6) One member appointed by the Governor
8 representing the Department of Children and Family
9 Services;
10 (7) One member appointed by the Attorney General
11 representing the Office of the Attorney General;
12 (8) Two members appointed by the Attorney General
13 who are licensed mental health professionals with
14 documented expertise in the treatment of sex offenders;
15 (9) Two members appointed by the Attorney General
16 who are State's Attorneys or assistant State's Attorneys,
17 one representing juvenile court matters and one
18 representing felony court matters;
19 (10) One member being the Cook County State's
20 Attorney or his or her designee;
21 (11) One member being the Director of the State's
22 Attorneys Appellate Prosecutor or his or her designee;
23 (12) One member being the Cook County Public
24 Defender or his or her designee;
25 (13) Two members appointed by the Governor who are
26 representatives of law enforcement, one juvenile officer
27 and one sex crime investigator;
28 (14) Two members appointed by the Attorney General
29 who are recognized experts in the field of sexual assault
30 and who can represent sexual assault victims and victims'
31 rights organizations; and
32 (15) One member being the State Appellate Defender
33 or his or her designee.
34 (b) The Governor and the Attorney General shall appoint
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1 a presiding officer for the Board from among the board
2 members appointed under subsection (a) of this Section, which
3 presiding officer shall serve at the pleasure of the Governor
4 and the Attorney General.
5 (c) Each member of the Board shall demonstrate
6 substantial expertise and experience in the field of sexual
7 assault.
8 (d) (1) Any member of the Board created in subsection
9 (a) of this Section who is appointed under paragraphs (1)
10 through (7) of subsection (a) of this Section shall serve at
11 the pleasure of the official who appointed that member, for a
12 term of 5 years and may be reappointed. The members shall
13 serve without additional compensation.
14 (2) Any member of the Board created in subsection
15 (a) of this Section who is appointed under paragraphs (8)
16 through (14) of subsection (a) of this Section shall
17 serve for a term of 5 years and may be reappointed. The
18 members shall serve without compensation.
19 (3) The travel costs associated with membership on
20 the Board created in subsection (a) of this Section will
21 be reimbursed subject to availability of funds.
22 (e) The first meeting of this Board shall be held within
23 45 days of the effective date of this Act.
24 (f) The Board shall carry out the following duties:
25 (1) Not later than 18 months after the effective
26 date of this Act, the Board shall develop and prescribe
27 separate standardized procedures for the evaluation and
28 identification of the offender and recommend behavior
29 management, monitoring, and counseling based upon the
30 knowledge that sex offenders are extremely habituated and
31 that there is no known cure for the propensity to commit
32 sex abuse. The Board shall develop and implement
33 measures of success based upon a no-cure policy for
34 intervention. The Board shall develop and implement
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1 methods of intervention for sex offenders which have as a
2 priority the physical and psychological safety of victims
3 and potential victims and which are appropriate to the
4 needs of the particular offender, so long as there is no
5 reduction of the safety of victims and potential victims.
6 (2) Not later than 18 months after the effective
7 date of this Act, the Board shall develop separate
8 guidelines and standards for a system of programs for the
9 counseling of both juvenile and adult sex offenders which
10 can be utilized by offenders who are placed on probation,
11 committed to the Department of Corrections or Department
12 of Human Services, or placed on mandatory supervised
13 release or parole. The programs developed under this
14 paragraph (f) shall be as flexible as possible so that
15 the programs may be utilized by each offender to prevent
16 the offender from harming victims and potential victims.
17 The programs shall be structured in such a manner that
18 the programs provide a continuing monitoring process as
19 well as a continuum of counseling programs for each
20 offender as that offender proceeds through the justice
21 system. Also, the programs shall be developed in such a
22 manner that, to the extent possible, the programs may be
23 accessed by all offenders in the justice system.
24 (3) There is established the Sex Offender
25 Management Board Fund in the State Treasury into which
26 funds received from public or private sources shall be
27 deposited, and from which funds shall be appropriated to
28 the Sex Offender Management Board for planning and
29 research.
30 (4) The Board shall develop and prescribe a plan to
31 research and analyze the effectiveness of the evaluation,
32 identification, and counseling procedures and programs
33 developed under this Act. The Board shall also develop
34 and prescribe a system for implementation of the
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1 guidelines and standards developed under paragraph (2) of
2 this subsection (f) and for tracking offenders who have
3 been subjected to evaluation, identification, and
4 counseling under this Act. In addition, the Board shall
5 develop a system for monitoring offender behaviors and
6 offender adherence to prescribed behavioral changes. The
7 results of the tracking and behavioral monitoring shall
8 be a part of any analysis made under this paragraph (4).
9 (g) The Board may promulgate rules as are necessary to
10 carry out the duties of the Board.
11 (h) The Board and the individual members of the Board
12 shall be immune from any liability, whether civil or
13 criminal, for the good faith performance of the duties of the
14 Board as specified in this Section.
15 (Source: P.A. 90-133, eff. 7-22-97.)
16 Section 11. The Criminal Code of 1961 is amended by
17 changing Section 31-6 as follows:
18 (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
19 Sec. 31-6. Escape; failure to report to a penal
20 institution or to report for periodic imprisonment.
21 (a) A person convicted of a felony or charged with the
22 commission of a felony who intentionally escapes from any
23 penal institution or from the custody of an employee of that
24 institution commits a Class 2 felony; however, a person
25 convicted of a felony who knowingly fails to report to a
26 penal institution or to report for periodic imprisonment at
27 any time or knowingly fails to return from furlough or from
28 work and day release or who knowingly fails to abide by the
29 terms of home confinement is guilty of a Class 3 felony.
30 (b) A person convicted of a misdemeanor or charged with
31 the commission of a misdemeanor who intentionally escapes
32 from any penal institution or from the custody of an employee
SB1713 Enrolled -39- LRB9008710RCpcB
1 of that institution commits a Class A misdemeanor; however, a
2 person convicted of a misdemeanor who knowingly fails to
3 report to a penal institution or to report for periodic
4 imprisonment at any time or knowingly fails to return from
5 furlough or from work and day release or who knowingly fails
6 to abide by the terms of home confinement is guilty of a
7 Class B misdemeanor.
8 (b-1) A person committed to the Department of Human
9 Services under the provisions of the Sexually Violent Persons
10 Commitment Act or in detention with the Department of Human
11 Services awaiting such a commitment who intentionally escapes
12 from any secure residential facility or from the custody of
13 an employee of that facility commits a Class 2 felony.
14 (c) A person in the lawful custody of a peace officer
15 for the alleged commission of a felony offense and who
16 intentionally escapes from custody commits a Class 2 felony;
17 however, a person in the lawful custody of a peace officer
18 for the alleged commission of a misdemeanor offense who
19 intentionally escapes from custody commits a Class A
20 misdemeanor.
21 (c-5) A person in the lawful custody of a peace officer
22 for an alleged violation of a term or condition of probation,
23 conditional discharge, parole, or mandatory supervised
24 release for a felony who intentionally escapes from custody
25 is guilty of a Class 2 felony.
26 (c-6) A person in the lawful custody of a peace officer
27 for an alleged violation of a term or condition of
28 supervision, probation, or conditional discharge for a
29 misdemeanor who intentionally escapes from custody is guilty
30 of a Class A misdemeanor.
31 (d) A person who violates this Section while armed with
32 a dangerous weapon commits a Class 1 felony.
33 (Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97;
34 89-689, eff. 12-31-96; 90-14, eff. 7-1-97.)
SB1713 Enrolled -40- LRB9008710RCpcB
1 Section 15. The Rights of Crime Victims and Witnesses
2 Act is amended by changing Section 4.5 as follows:
3 (725 ILCS 120/4.5)
4 Sec. 4.5. Procedures to implement the rights of crime
5 victims. To afford crime victims their rights, law
6 enforcement, prosecutors, judges and corrections will provide
7 information, as appropriate of the following procedures:
8 (a) At the request of the crime victim, law enforcement
9 authorities investigating the case shall provide notice of
10 the status of the investigation, except where the State's
11 Attorney determines that disclosure of such information would
12 unreasonably interfere with the investigation, until such
13 time as the alleged assailant is apprehended or the
14 investigation is closed.
15 (b) The office of the State's Attorney:
16 (1) shall provide notice of the filing of
17 information, the return of an indictment by which a
18 prosecution for any violent crime is commenced, or the
19 filing of a petition to adjudicate a minor as a
20 delinquent for a violent crime;
21 (2) shall provide notice of the date, time, and
22 place of trial;
23 (3) or victim advocate personnel shall provide
24 information of social services and financial assistance
25 available for victims of crime, including information of
26 how to apply for these services and assistance;
27 (4) shall assist in having any stolen or other
28 personal property held by law enforcement authorities for
29 evidentiary or other purposes returned as expeditiously
30 as possible, pursuant to the procedures set out in
31 Section 115-9 of the Code of Criminal Procedure of 1963;
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1 (5) or victim advocate personnel shall provide
2 appropriate employer intercession services to ensure that
3 employers of victims will cooperate with the criminal
4 justice system in order to minimize an employee's loss of
5 pay and other benefits resulting from court appearances;
6 (6) shall provide information whenever possible, of
7 a secure waiting area during court proceedings that does
8 not require victims to be in close proximity to defendant
9 or juveniles accused of a violent crime, and their
10 families and friends;
11 (7) shall provide notice to the crime victim of the
12 right to have a translator present at all court
13 proceedings;
14 (8) in the case of the death of a person, which
15 death occurred in the same transaction or occurrence in
16 which acts occurred for which a defendant is charged with
17 an offense, shall notify the spouse, parent, child or
18 sibling of the decedent of the date of the trial of the
19 person or persons allegedly responsible for the death;
20 (9) shall inform the victim of the right to have
21 present at all court proceedings, subject to the rules of
22 evidence, an advocate or other support person of the
23 victim's choice, and the right to retain an attorney, at
24 the victim's own expense, who, upon written notice filed
25 with the clerk of the court and State's Attorney, is to
26 receive copies of all notices, motions and court orders
27 filed thereafter in the case, in the same manner as if
28 the victim were a named party in the case; and
29 (10) at the sentencing hearing shall make a good
30 faith attempt to explain the minimum amount of time
31 during which the defendant may actually be physically
32 imprisoned. The Office of the State's Attorney shall
33 further notify the crime victim of the right to request
34 from the Prisoner Review Board information concerning the
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1 release of the defendant under subparagraph (d)(1) of
2 this Section; and
3 (11) shall request restitution at sentencing and
4 shall consider restitution in any plea negotiation, as
5 provided by law.
6 (c) At the written request of the crime victim, the
7 office of the State's Attorney shall:
8 (1) provide notice a reasonable time in advance of
9 the following court proceedings: preliminary hearing, any
10 hearing the effect of which may be the release of
11 defendant from custody, or to alter the conditions of
12 bond and the sentencing hearing. The crime victim shall
13 also be notified of the cancellation of the court
14 proceeding in sufficient time, wherever possible, to
15 prevent an unnecessary appearance in court;
16 (2) provide notice within a reasonable time after
17 receipt of notice from the custodian, of the release of
18 the defendant on bail or personal recognizance or the
19 release from detention of a minor who has been detained
20 for a violent crime;
21 (3) explain in nontechnical language the details of
22 any plea or verdict of a defendant, or any adjudication
23 of a juvenile as a delinquent for a violent crime;
24 (4) where practical, consult with the crime victim
25 before the Office of the State's Attorney makes an offer
26 of a plea bargain to the defendant or enters into
27 negotiations with the defendant concerning a possible
28 plea agreement, and shall consider the written victim
29 impact statement, if prepared prior to entering into a
30 plea agreement;
31 (5) provide notice of the ultimate disposition of
32 the cases arising from an indictment or an information,
33 or a petition to have a juvenile adjudicated as a
34 delinquent for a violent crime;
SB1713 Enrolled -43- LRB9008710RCpcB
1 (6) provide notice of any appeal taken by the
2 defendant and information on how to contact the
3 appropriate agency handling the appeal;
4 (7) provide notice of any request for
5 post-conviction review filed by the defendant under
6 Article 122 of the Code of Criminal Procedure of 1963,
7 and of the date, time and place of any hearing concerning
8 the petition. Whenever possible, notice of the hearing
9 shall be given in advance;
10 (8) forward a copy of any statement presented under
11 Section 6 to the Prisoner Review Board to be considered
12 by the Board in making its determination under subsection
13 (b) of Section 3-3-8 of the Unified Code of Corrections.
14 (d) (1) The Prisoner Review Board shall inform a victim
15 or any other concerned citizen, upon written request, of
16 the prisoner's release on parole, mandatory supervised
17 release, electronic detention, work release or by the
18 custodian of the discharge of any individual who was
19 adjudicated a delinquent for a violent crime from State
20 custody and by the sheriff of the appropriate county of
21 any such person's final discharge from county custody.
22 The Prisoner Review Board, upon written request, shall
23 provide to a victim or any other concerned citizen a
24 recent photograph of any person convicted of a felony,
25 upon his or her release from custody. The Prisoner Review
26 Board, upon written request, shall inform a victim or any
27 other concerned citizen when feasible at least 7 days
28 prior to the prisoner's release on furlough of the times
29 and dates of such furlough. Upon written request by the
30 victim or any other concerned citizen, the State's
31 Attorney shall notify the person once of the times and
32 dates of release of a prisoner sentenced to periodic
33 imprisonment. Notification shall be based on the most
34 recent information as to victim's or other concerned
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1 citizen's residence or other location available to the
2 notifying authority. For purposes of this paragraph (1)
3 of subsection (d), "concerned citizen" includes relatives
4 of the victim, friends of the victim, witnesses to the
5 crime, or any other person associated with the victim or
6 prisoner.
7 (2) When the defendant has been committed to the
8 Department of Human Services pursuant to Section 5-2-4 or
9 any other provision of the Unified Code of Corrections,
10 the victim may request to be notified by the releasing
11 authority of the defendant's discharge from State
12 custody.
13 (3) In the event of an escape from State custody,
14 the Department of Corrections immediately shall notify
15 the Prisoner Review Board of the escape and the Prisoner
16 Review Board shall notify the victim. The notification
17 shall be based upon the most recent information as to the
18 victim's residence or other location available to the
19 Board. When no such information is available, the Board
20 shall make all reasonable efforts to obtain the
21 information and make the notification. When the escapee
22 is apprehended, the Department of Corrections immediately
23 shall notify the Prisoner Review Board and the Board
24 shall notify the victim.
25 (4) The victim of the crime for which the prisoner
26 has been sentenced shall receive reasonable written
27 notice not less than 15 days prior to the parole hearing
28 and may submit, in writing, on film, videotape or other
29 electronic means or in the form of a recording or in
30 person at the parole hearing, information for
31 consideration by the Prisoner Review Board. The victim
32 shall be notified within 7 days after the prisoner has
33 been granted parole and shall be informed of the right to
34 inspect the registry of parole decisions, established
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1 under subsection (g) of Section 3-3-5 of the Unified Code
2 of Corrections. The provisions of this paragraph (4) are
3 subject to the Open Parole Hearings Act.
4 (5) If a statement is presented under Section 6,
5 the Prisoner Review Board shall inform the victim of any
6 order of discharge entered by the Board pursuant to
7 Section 3-3-8 of the Unified Code of Corrections.
8 (6) At the written request of the victim of the
9 crime for which the prisoner was sentenced, the Prisoner
10 Review Board shall notify the victim of the death of the
11 prisoner if the prisoner died while on parole or
12 mandatory supervised release.
13 (7) When a defendant who has been committed to the
14 Department of Corrections or the Department of Human
15 Services is released or discharged and subsequently
16 committed to the Department of Human Services as a
17 sexually violent person and the victim had requested to
18 be notified by the releasing authority of the defendant's
19 discharge from State custody, the releasing authority
20 shall provide to the Department of Human Services such
21 information that would allow the Department of Human
22 Services to contact the victim.
23 (Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
24 89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff.
25 7-1-97.)
26 Section 20. The Sexually Violent Persons Commitment Act
27 is amended by changing Sections 5, 10, 15, 30, 50, 55, and 75
28 and adding Section 90 as follows:
29 (725 ILCS 207/5)
30 Sec. 5. Definitions. As used in this Act, the term:
31 (a) "Department" means the Department of Human Services.
32 (b) "Mental disorder" means a congenital or acquired
SB1713 Enrolled -46- LRB9008710RCpcB
1 condition affecting the emotional or volitional capacity that
2 predisposes a person to engage in acts of sexual violence.
3 (c) "Secretary" means the Secretary of Human Services.
4 (d) "Sexually motivated" means that one of the purposes
5 for an act is for the actor's sexual arousal or
6 gratification.
7 (e) "Sexually violent offense" means any of the
8 following:
9 (1) Any crime specified in Section 12-13, 12-14,
10 12-14.1, or 12-16 of the Criminal Code of 1961; or
11 (2) First degree murder, if it is determined by the
12 agency with jurisdiction to have been sexually motivated;
13 or
14 (3) Any solicitation, conspiracy or attempt to
15 commit a crime under paragraph (e)(1) or (e)(2) of this
16 Section.
17 (f) "Sexually violent person" means a person who has
18 been convicted of a sexually violent offense, has been
19 adjudicated delinquent for a sexually violent offense, or has
20 been found not guilty of or not responsible for a sexually
21 violent offense by reason of insanity, mental disease or
22 mental defect, and who is dangerous because he or she suffers
23 from a mental disorder that makes it substantially probable
24 that the person will engage in acts of sexual violence.
25 (Source: P.A. 90-40, eff. 1-1-98.)
26 (725 ILCS 207/10)
27 Sec. 10. Notice to the Attorney General and State's
28 Attorney.
29 (a) In this Act, "agency with jurisdiction" means the
30 agency with the authority or duty to release or discharge the
31 person.
32 (b) If an agency with jurisdiction has control or
33 custody over a person who may meet the criteria for
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1 commitment as a sexually violent person, the agency with
2 jurisdiction shall inform the Attorney General and the
3 State's Attorney in a position to file a petition under
4 paragraph (a)(2) of Section 15 of this Act regarding the
5 person as soon as possible beginning 3 months prior to the
6 applicable date of the following:
7 (1) The anticipated release from imprisonment or
8 the anticipated entry into mandatory supervised release
9 of a person who has been convicted of a sexually violent
10 offense.
11 (2) The anticipated release from a Department of
12 Corrections correctional facility or juvenile
13 correctional facility of a person adjudicated delinquent
14 under Section 5-20 of the Juvenile Court Act of 1987 on
15 the basis of a sexually violent offense.
16 (3) The discharge or conditional release of a
17 person who has been found not guilty of a sexually
18 violent offense by reason of insanity, mental disease or
19 mental defect under Section 5-2-4 of the Unified Code of
20 Corrections.
21 (c) The agency with jurisdiction shall provide the
22 Attorney General and the State's Attorney with all of the
23 following:
24 (1) The person's name, identifying factors,
25 anticipated future residence and offense history;
26 (2) A comprehensive evaluation of the person's
27 mental condition, the basis upon which a determination
28 has been made that the person is subject to commitment
29 under subsection (b) of Section 15 of this Act and a
30 recommendation for action in furtherance of the purposes
31 of this Act; and
32 (3) If applicable, documentation of any treatment
33 and the person's adjustment to any institutional
34 placement.
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1 (d) Any agency or officer, employee or agent of an
2 agency is immune from criminal or civil liability for any
3 acts or omissions as the result of a good faith effort to
4 comply with this Section.
5 (Source: P.A. 90-40, eff. 1-1-98.)
6 (725 ILCS 207/15)
7 Sec. 15. Sexually violent person petition; contents;
8 filing.
9 (a) A petition alleging that a person is a sexually
10 violent person may be filed by one of the following:
11 (1) The Attorney General, at the request of the
12 agency with jurisdiction over the person, as defined in
13 subsection (a) of Section 10 of this Act, or on his or
14 her own motion. If the Attorney General, after
15 consulting with and advising the State's Attorney of the
16 county referenced in paragraph (a)(2) of this Section,
17 decides to file a petition under this Section, he or she
18 shall file the petition before the date of the release or
19 discharge of the person or within 30 days of placement
20 onto parole or mandatory supervised release for an
21 offense enumerated in paragraph (e) of Section 5 of this
22 Act.
23 (2) If the Attorney General does not file a
24 petition under this Section, the State's Attorney of the
25 county in which the person was convicted of a sexually
26 violent offense, adjudicated delinquent for a sexually
27 violent offense or found not guilty of or not responsible
28 for a sexually violent offense by reason of insanity,
29 mental disease, or mental defect may file a petition.
30 (3) The Attorney General and the State's Attorney
31 referenced in paragraph (a)(2) of this Section jointly.
32 (b) A petition filed under this Section shall allege
33 that all of the following apply to the person alleged to be a
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1 sexually violent person:
2 (1) The person satisfies any of the following
3 criteria:
4 (A) The person has been convicted of a
5 sexually violent offense;
6 (B) The person has been found delinquent for a
7 sexually violent offense; or
8 (C) The person has been found not guilty of a
9 sexually violent offense by reason of insanity,
10 mental disease, or mental defect.
11 (2) The person is within 90 days of discharge or
12 entry into mandatory supervised release from a Department
13 of Corrections correctional facility for a sentence that
14 was imposed upon a conviction for a sexually violent
15 offense or for a sentence that is being served
16 concurrently or consecutively with a sexually violent
17 offense or is within the initial 30 days of the person's
18 entry date into parole or mandatory supervised release;
19 or
20 (3) The person is within 90 days of discharge or
21 release from a Department of Corrections juvenile
22 correctional facility, if the person was placed in the
23 facility for being adjudicated delinquent under Section
24 5-20 of the Juvenile Court Act of 1987 on the basis of a
25 sexually violent offense or from a commitment order that
26 was entered as a result of a sexually violent offense.
27 (4) The person has a mental disorder.
28 (5) The person is dangerous to others because the
29 person's mental disorder creates a substantial
30 probability that he or she will engage in acts of sexual
31 violence.
32 (c) A petition filed under this Section shall state with
33 particularity essential facts to establish probable cause to
34 believe the person is a sexually violent person. If the
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1 petition alleges that a sexually violent offense or act that
2 is a basis for the allegation under paragraph (b)(1) of this
3 Section was an act that was sexually motivated as provided
4 under paragraph (e)(2) of Section 5 of this Act, the petition
5 shall state the grounds on which the offense or act is
6 alleged to be sexually motivated.
7 (d) A petition under this Section shall be filed in
8 either of the following:
9 (1) The circuit court for the county in which the
10 person was convicted of a sexually violent offense,
11 adjudicated delinquent for a sexually violent offense or
12 found not guilty of a sexually violent offense by reason
13 of insanity, mental disease or mental defect.
14 (2) The circuit court for the county in which the
15 person is in custody under a sentence, a placement to a
16 Department of Corrections correctional facility or
17 juvenile correctional facility, or a commitment order.
18 (Source: P.A. 90-40, eff. 1-1-98.)
19 (725 ILCS 207/30)
20 Sec. 30. Detention; probable cause hearing; transfer for
21 examination.
22 (a) Upon the filing of a petition under Section 15 of
23 this Act, the court shall review the petition to determine
24 whether to issue an order for detention of the person who is
25 the subject of the petition. The person shall be detained
26 only if there is cause to believe that the person is eligible
27 for commitment under subsection (f) of Section 35 of this
28 Act. A person detained under this Section shall be held in a
29 facility approved by the Department. If the person is
30 serving a sentence of imprisonment, is in a Department of
31 Corrections correctional facility or juvenile correctional
32 facility or is committed to institutional care, and the court
33 orders detention under this Section, the court shall order
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1 that the person be transferred to a detention facility
2 approved by the Department. A detention order under this
3 Section remains in effect until the person is discharged
4 after a trial under Section 35 of this Act or until the
5 effective date of a commitment order under Section 40 of this
6 Act, whichever is applicable.
7 (b) Whenever a petition is filed under Section 15 of
8 this Act, the court shall hold a hearing to determine whether
9 there is probable cause to believe that the person named in
10 the petition is a sexually violent person. If the person
11 named in the petition is in custody, the court shall hold the
12 probable cause hearing within 72 hours after the petition is
13 filed, excluding Saturdays, Sundays and legal holidays. The
14 court may grant a continuance of the probable cause hearing
15 for no more than 7 additional days upon the motion of the
16 respondent, for good cause. If the person named in the
17 petition has been released, is on parole, is on mandatory
18 supervised release, or otherwise is not in custody, the court
19 shall hold the probable cause hearing within a reasonable
20 time after the filing of the petition. At the probable cause
21 hearing, the court shall admit and consider all relevant
22 hearsay evidence.
23 (c) If the court determines after a hearing that there
24 is probable cause to believe that the person named in the
25 petition is a sexually violent person, the court shall order
26 that the person be taken into custody if he or she is not in
27 custody and shall order the person to be transferred within a
28 reasonable time to an appropriate facility for an evaluation
29 as to whether the person is a sexually violent person. If
30 the person named in the petition refuses to speak to,
31 communicate with, or otherwise fails to cooperate with the
32 expert from the Department of Human Services who is
33 conducting the evaluation, the person shall be prohibited
34 from introducing testimony or evidence from any expert or
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1 professional person who is retained or court appointed to
2 conduct an evaluation of the person. Notwithstanding the
3 provisions of Section 10 of the Mental Health and
4 Developmental Disabilities Confidentiality Act, all
5 evaluations conducted pursuant to this Act and all Illinois
6 Department of Corrections treatment records shall be
7 admissible at all proceedings held pursuant to this Act,
8 including the probable cause hearing and the trial.
9 If the court determines that probable cause does not
10 exist to believe that the person is a sexually violent
11 person, the court shall dismiss the petition.
12 (d) The Department shall promulgate rules that provide
13 the qualifications for persons conducting evaluations under
14 subsection (c) of this Section.
15 (e) If the person named in the petition claims or
16 appears to be indigent, the court shall, prior to the
17 probable cause hearing under subsection (b) of this Section,
18 appoint counsel.
19 (Source: P.A. 90-40, eff. 1-1-98.)
20 (725 ILCS 207/50)
21 Sec. 50. Secure facility for sexually violent persons.
22 (a) The Department shall place a person committed to a
23 secure facility under paragraph (b)(2) of Section 40 of this
24 Act at a facility provided by the Department of Corrections
25 under subsection (b) of this Section.
26 (b) The Department may enter into an agreement with the
27 Department of Corrections for the provision of a secure
28 facility for persons committed under paragraph (b)(2) of
29 Section 40 of this Act to a facility. The Department shall
30 operate the facility provided by the Department of
31 Corrections under this subsection and shall provide by rule
32 for the nature of the facility, the level of care to be
33 provided in the facility, and the custody and discipline of
SB1713 Enrolled -53- LRB9008710RCpcB
1 persons placed in the facility. The facility operated under
2 this Section shall not be subject to the provisions of the
3 Mental Health and Developmental Disabilities Code.
4 (c) For the purposes of Section 3-6-4 of the Unified
5 Code of Corrections, a person held in detention in a secure
6 facility or committed as a sexually violent person and held
7 in a secure facility shall be considered a "committed
8 person", as that term is used in Section 3-6-4 of the Unified
9 Code of Corrections.
10 (Source: P.A. 90-40, eff. 1-1-98.)
11 (725 ILCS 207/55)
12 Sec. 55. Periodic reexamination; report.
13 (a) If a person has been committed under Section 40 of
14 this Act and has not been discharged under Section 65 of this
15 Act, the Department shall conduct an examination of his or
16 her mental condition within 6 months after an initial
17 commitment under Section 40 and again thereafter at least
18 once each 12 months for the purpose of determining whether
19 the person has made sufficient progress to be conditionally
20 released or discharged entitled to transfer to a less
21 restrictive facility, to conditional release or to discharge.
22 At the time of a reexamination under this Section, the person
23 who has been committed may retain or, if he or she is
24 indigent and so requests, the court may appoint a qualified
25 expert or a professional person to examine him or her.
26 (b) Any examiner conducting an examination under this
27 Section shall prepare a written report of the examination no
28 later than 30 days after the date of the examination. The
29 examiner shall place a copy of the report in the person's
30 health care records and shall provide a copy of the report to
31 the court that committed the person under Section 40.
32 (c) Notwithstanding subsection (a) of this Section, the
33 court that committed a person under Section 40 may order a
SB1713 Enrolled -54- LRB9008710RCpcB
1 reexamination of the person at any time during the period in
2 which the person is subject to the commitment order.
3 (Source: P.A. 90-40, eff. 1-1-98.)
4 (725 ILCS 207/75)
5 Sec. 75. Notice concerning conditional release or
6 discharge.
7 (a) As used in this Section, the term:
8 (1) "Act of sexual violence" means an act or
9 attempted act that is a basis for an allegation made in a
10 petition under paragraph (b)(1) of Section 15 of this
11 Act.
12 (2) "Member of the family" means spouse, child,
13 sibling, parent, or legal guardian.
14 (3) "Victim" means a person against whom an act of
15 sexual violence has been committed.
16 (b) If the court places a person on conditional release
17 under Section 40 of this Act or discharges a person under
18 Section 60 or 65, the Department shall notify all of the
19 following who have requested notification under this Act or
20 under the Rights of Crime Victims and Witnesses Act:
21 (1) Whichever of the following persons is
22 appropriate in accordance with the provisions of
23 subsection (a)(3):
24 (A) The victim of the act of sexual violence.
25 (B) An adult member of the victim's family, if
26 the victim died as a result of the act of sexual
27 violence.
28 (C) The victim's parent or legal guardian, if
29 the victim is younger than 18 years old.
30 (2) The Department of Corrections.
31 (c) The notice under subsection (b) of this Section
32 shall inform the Department of Corrections and the person
33 notified under paragraph (b)(1) of this Section of the name
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1 of the person committed under this Act and the date the
2 person is placed on conditional release or discharged. The
3 Department shall send the notice, postmarked at least 7 days
4 before the date the person committed under this Act is placed
5 on conditional release or discharged, to the Department of
6 Corrections and the last-known address of the person notified
7 under paragraph (b)(1) of this Section.
8 (d) The Department shall design and prepare cards for
9 persons specified in paragraph (b)(1) of this Section to send
10 to the Department. The cards shall have space for these
11 persons to provide their names and addresses, the name of the
12 person committed under this Act and any other information the
13 Department determines is necessary. The Department shall
14 provide the cards, without charge, to the Attorney General
15 and State's Attorneys. The Attorney General and State's
16 Attorneys shall provide the cards, without charge, to persons
17 specified in paragraph (b)(1) of this Section. These persons
18 may send completed cards to the Department. All records or
19 portions of records of the Department that relate to mailing
20 addresses of these persons are not subject to inspection or
21 copying under Section 3 of the Freedom of Information Act.
22 (Source: P.A. 90-40, eff. 1-1-98.)
23 (725 ILCS 207/90 new)
24 Sec. 90. Committed persons ability to pay for services.
25 Each person committed or detained under this Act who receives
26 services provided directly or funded by the Department and
27 the estate of that person is liable for the payment of sums
28 representing charges for services to the person at a rate to
29 be determined by the Department. Services charges against
30 that person take effect on the date of admission or the
31 effective date of this Section. The Department in its rules
32 may establish a maximum rate for the cost of services. In
33 the case of any person who has received residential services
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1 from the Department, whether directly from the Department or
2 through a public or private agency or entity funded by the
3 Department, the liability shall be the same regardless of the
4 source of services. When the person is placed in a facility
5 outside the Department, the facility shall collect
6 reimbursement from the person. The Department may supplement
7 the contribution of the person to private facilities after
8 all other sources of income have been utilized; however the
9 supplement shall not exceed the allowable rate under Title
10 XVIII or Title XIX of the Federal Social Security Act for
11 those persons eligible for those respective programs. The
12 Department may pay the actual costs of services or
13 maintenance in the facility and may collect reimbursement for
14 the entire amount paid from the person or an amount not to
15 exceed the maximum. Lesser or greater amounts may be
16 accepted by the Department when conditions warrant that
17 action or when offered by persons not liable under this Act.
18 Nothing in this Section shall preclude the Department from
19 applying federal benefits that are specifically provided for
20 the care and treatment of a disabled person toward the cost
21 of care provided by a State facility or private agency. The
22 Department may investigate the financial condition of each
23 person committed under this Act, may make determinations of
24 the ability of each such person to pay sums representing
25 services charges, and for those purposes may set a standard
26 as a basis of judgment of ability to pay. The Department
27 shall by rule make provisions for unusual and exceptional
28 circumstances in the application of that standard. The
29 Department may issue to any person liable under this Act a
30 statement of amount due as treatment charges requiring him or
31 her to pay monthly, quarterly, or otherwise as may be
32 arranged, an amount not exceeding that required under this
33 Act, plus fees to which the Department may be entitled under
34 this Act.
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1 (a) Whenever an individual is covered, in part or in
2 whole, under any type of insurance arrangement, private or
3 public, for services provided by the Department, the proceeds
4 from the insurance shall be considered as part of the
5 individual's ability to pay notwithstanding that the
6 insurance contract was entered into by a person other than
7 the individual or that the premiums for the insurance were
8 paid for by a person other than the individual. Remittances
9 from intermediary agencies under Title XVIII of the Federal
10 Social Security Act for services to committed persons shall
11 be deposited with the State Treasurer and placed in the
12 Mental Health Fund. Payments received from the Department of
13 Public Aid under Title XIX of the Federal Social Security Act
14 for services to those persons shall be deposited with the
15 State Treasurer and shall be placed in the General Revenue
16 Fund.
17 (b) Any person who has been issued a Notice of
18 Determination of sums due as services charges may petition
19 the Department for a review of that determination. The
20 petition must be in writing and filed with the Department
21 within 90 days from the date of the Notice of Determination.
22 The Department shall provide for a hearing to be held on the
23 charges for the period covered by the petition. The
24 Department may after the hearing, cancel, modify, or increase
25 the former determination to an amount not to exceed the
26 maximum provided for the person by this Act. The Department
27 at its expense shall take testimony and preserve a record of
28 all proceedings at the hearing upon any petition for a
29 release from or modification of the determination. The
30 petition and other documents in the nature of pleadings and
31 motions filed in the case, a transcript of testimony,
32 findings of the Department, and orders of the Secretary
33 constitute the record. The Secretary shall furnish a
34 transcript of the record to any person upon payment of 75¢
SB1713 Enrolled -58- LRB9008710RCpcB
1 per page for each original transcript and 25¢ per page for
2 each copy of the transcript. Any person aggrieved by the
3 decision of the Department upon a hearing may, within 30 days
4 thereafter, file a petition with the Department for review of
5 the decision by the Board of Reimbursement Appeals
6 established in the Mental Health and Developmental
7 Disabilities Code. The Board of Reimbursement Appeals may
8 approve action taken by the Department or may remand the case
9 to the Secretary with recommendation for redetermination of
10 charges.
11 (c) Upon receiving a petition for review under
12 subsection (b) of this Section, the Department shall
13 thereupon notify the Board of Reimbursement Appeals which
14 shall render its decision thereon within 30 days after the
15 petition is filed and certify such decision to the
16 Department. Concurrence of a majority of the Board is
17 necessary in any such decision. Upon request of the
18 Department, the State's Attorney of the county in which a
19 client who is liable under this Act for payment of sums
20 representing services charges resides, shall institute
21 appropriate legal action against any such client, or within
22 the time provided by law shall file a claim against the
23 estate of the client who fails or refuses to pay those
24 charges. The court shall order the payment of sums due for
25 services charges for such period or periods of time as the
26 circumstances require. The order may be entered against any
27 defendant and may be based upon the proportionate ability of
28 each defendant to contribute to the payment of sums
29 representing services charges including the actual charges
30 for services in facilities outside the Department where the
31 Department has paid those charges. Orders for the payment of
32 money may be enforced by attachment as for contempt against
33 the persons of the defendants and, in addition, as other
34 judgments for the payment of money, and costs may be adjudged
SB1713 Enrolled -59- LRB9008710RCpcB
1 against the defendants and apportioned among them.
2 (d) The money collected shall be deposited into the
3 Mental Health Fund.
4 Section 25. The Unified Code of Corrections is amended
5 by changing Sections 3-6-4 and 5-4-3 as follows:
6 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
7 Sec. 3-6-4. Enforcement of Discipline - Escape.
8 (a) A committed person who escapes or attempts to escape
9 from an institution or facility of the Adult Division, or
10 escapes or attempts to escape while in the custody of an
11 employee of the Adult Division, or holds or participates in
12 the holding of any person as a hostage by force, threat or
13 violence, or while participating in any disturbance,
14 demonstration or riot, causes, directs or participates in the
15 destruction of any property is guilty of a Class 2 felony. A
16 committed person who fails to return from furlough or from
17 work and day release is guilty of a Class 3 felony.
18 (b) If one or more committed persons injures or attempts
19 to injure in a violent manner any employee, officer, guard,
20 other peace officer or any other committed person or damages
21 or attempts to damage any building or workshop, or any
22 appurtenances thereof, or attempts to escape, or disobeys or
23 resists any lawful command, the employees, officers, guards
24 and other peace officers shall use all suitable means to
25 defend themselves, to enforce the observance of discipline,
26 to secure the persons of the offenders, and prevent such
27 attempted violence or escape; and said employees, officers,
28 guards, or other peace officers, or any of them, shall, in
29 the attempt to prevent the escape of any such person, or in
30 attempting to retake any such person who has escaped, or in
31 attempting to prevent or suppress violence by a committed
32 person against another person, a riot, revolt, mutiny or
SB1713 Enrolled -60- LRB9008710RCpcB
1 insurrection, be justified in the use of force, including
2 force likely to cause death or great bodily harm under
3 Section 7-8 of the Criminal Code of 1961 which he reasonably
4 believed necessary.
5 As used in this Section, "committed person" includes a
6 person held in detention in a secure facility or committed as
7 a sexually violent person and held in a secure facility under
8 the Sexually Violent Persons Commitment Act; and "peace
9 officer" means any officer or member of any duly organized
10 State, county or municipal police unit or police force.
11 (c) The Department shall establish procedures to provide
12 immediate notification of the escape of any person, as
13 defined in subsection (a) of this Section, to the persons
14 specified in subsection (c) of Section 3-14-1 of this Code.
15 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
16 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
17 Sec. 5-4-3. Persons convicted of, or found delinquent
18 for, sexual offenses or institutionalized as sexually
19 dangerous; blood specimens; genetic marker groups.
20 (a) Any person convicted of, found delinquent for, or
21 who received a disposition of court supervision for, a sexual
22 offense or attempt of a sexual offense or institutionalized
23 as a sexually dangerous person under the Sexually Dangerous
24 Persons Act shall, regardless of the sentence or disposition
25 imposed, be required to submit specimens of blood to the
26 Illinois Department of State Police in accordance with the
27 provisions of this Section, provided such person is:
28 (1) convicted of a sexual offense or attempt of a
29 sexual offense on or after the effective date of this
30 amendatory Act of 1989, and sentenced to a term of
31 imprisonment, periodic imprisonment, fine, probation,
32 conditional discharge or any other form of sentence, or
33 given a disposition of court supervision for the offense,
SB1713 Enrolled -61- LRB9008710RCpcB
1 or
2 (1.5) found delinquent under the Juvenile Court Act
3 of 1987 for a sexual offense or attempt of a sexual
4 offense on or after the effective date of this amendatory
5 Act of 1996, or
6 (2) ordered institutionalized as a sexually
7 dangerous person on or after the effective date of this
8 amendatory Act of 1989, or
9 (3) convicted of a sexual offense or attempt of a
10 sexual offense before the effective date of this
11 amendatory Act of 1989 and is presently confined as a
12 result of such conviction in any State correctional
13 facility or county jail or is presently serving a
14 sentence of probation, conditional discharge or periodic
15 imprisonment as a result of such conviction, or
16 (4) presently institutionalized as a sexually
17 dangerous person or presently institutionalized as a
18 person found guilty but mentally ill of a sexual offense
19 or attempt to commit a sexual offense; or
20 (5) seeking transfer to or residency in Illinois
21 under Sections 3-3-11 through 3-3-11.5 of the Unified
22 Code of Corrections (Interstate Compact for the
23 Supervision of Parolees and Probationers) or the
24 Interstate Agreements on Sexually Dangerous Persons Act.
25 (b) Any person required by paragraphs (a)(1), (a)(1.5),
26 and (a)(2) to provide specimens of blood shall provide be
27 ordered by the court to have specimens of blood collected
28 within 45 days after sentencing or disposition at a
29 collection site designated by the Illinois Department of
30 State Police.
31 (c) Any person required by paragraphs (a)(3) and (a)(4)
32 to provide specimens of blood shall be required to provide
33 such samples prior to final discharge, parole, or release at
34 a collection site designated by the Illinois Department of
SB1713 Enrolled -62- LRB9008710RCpcB
1 State Police.
2 (c-5) Any person required by paragraph (a)(5) to provide
3 specimens of blood shall, where feasible, be required to
4 provide the specimens before being accepted for conditioned
5 residency in Illinois under the interstate compact or
6 agreement, but no later than 45 days after arrival in this
7 State.
8 (d) The Illinois Department of State Police shall
9 provide all equipment and instructions necessary for the
10 collection of blood samples. The collection of samples shall
11 be performed in a medically approved manner. Only a
12 physician authorized to practice medicine, a registered nurse
13 or other qualified person approved by the Illinois Department
14 of Public Health may withdraw blood for the purposes of this
15 Act. The samples shall thereafter be forwarded to the
16 Illinois Department of State Police, Division of Forensic
17 Services, for analysis and categorizing into genetic marker
18 groupings.
19 (e) The genetic marker groupings shall be maintained by
20 the Illinois Department of State Police, Division of Forensic
21 Services.
22 (f) The genetic marker grouping analysis information
23 obtained pursuant to this Act shall be confidential and shall
24 be released only to peace officers of the United States, of
25 other states or territories, of the insular possessions of
26 the United States, of foreign countries duly authorized to
27 receive the same, to all peace officers of the State of
28 Illinois and to all prosecutorial agencies. Notwithstanding
29 any other statutory provision to the contrary, all
30 information obtained under this Section shall be maintained
31 in a single data base and may not be subject to expungement.
32 (g) For the purposes of this Section, "sexual offense"
33 means any of the following:
34 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
SB1713 Enrolled -63- LRB9008710RCpcB
1 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
2 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
3 Criminal Code of 1961, or
4 (2) Any former statute of this State which defined
5 a felony sexual offense, or
6 (3) Any violation of paragraph (10) of subsection
7 (b) of Section 10-5 of the Criminal Code of 1961 when the
8 sentencing court, upon a motion by the State's Attorney
9 or Attorney General, makes a finding that the child
10 luring involved an intent to commit sexual penetration or
11 sexual conduct as defined in Section 12-12 of the
12 Criminal Code of 1961.
13 (h) The Illinois Department of State Police shall be the
14 State central repository for all genetic marker grouping
15 analysis information obtained pursuant to this Act. The
16 Illinois Department of State Police may promulgate rules for
17 the form and manner of the collection of blood samples and
18 other procedures for the operation of this Act. The
19 provisions of the Administrative Review Law shall apply to
20 all actions taken under the rules so promulgated.
21 (i) A person required ordered by the court to provide a
22 blood specimen shall cooperate with the collection of the
23 specimen and any deliberate act by that person intended to
24 impede, delay or stop the collection of the blood specimen is
25 a Class A misdemeanor shall be punishable as contempt of
26 court.
27 (j) Any person required by subsection (a) to submit
28 specimens of blood to the Illinois Department of State Police
29 for analysis and categorization into genetic marker grouping,
30 in addition to any other disposition, penalty, or fine
31 imposed, shall pay an analysis fee of $500. Upon verified
32 petition of the person, the court may suspend payment of all
33 or part of the fee if it finds that the person does not have
34 the ability to pay the fee.
SB1713 Enrolled -64- LRB9008710RCpcB
1 (k) All analysis and categorization fees provided for by
2 subsection (j) shall be regulated as follows:
3 (1) The State Offender DNA Identification System
4 Fund is hereby created as a special fund in the State
5 Treasury.
6 (2) All fees shall be collected by the clerk of the
7 court and forwarded to the State Offender DNA
8 Identification System Fund for deposit. The clerk of the
9 circuit court may retain the amount of $10 from each
10 collected analysis fee to offset administrative costs
11 incurred in carrying out the clerk's responsibilities
12 under this Section.
13 (3) Fees deposited into the State Offender DNA
14 Identification System Fund shall be used by Illinois
15 State Police crime laboratories as designated by the
16 Director of State Police. These funds shall be in
17 addition to any allocations made pursuant to existing
18 laws and shall be designated for the exclusive use of
19 State crime laboratories. These uses may include, but
20 are not limited to, the following:
21 (A) Costs incurred in providing analysis and
22 genetic marker categorization as required by
23 subsection (d).
24 (B) Costs incurred in maintaining genetic
25 marker groupings as required by subsection (e).
26 (C) Costs incurred in the purchase and
27 maintenance of equipment for use in performing
28 analyses.
29 (D) Costs incurred in continuing research and
30 development of new techniques for analysis and
31 genetic marker categorization.
32 (E) Costs incurred in continuing education,
33 training, and professional development of forensic
34 scientists regularly employed by these laboratories.
SB1713 Enrolled -65- LRB9008710RCpcB
1 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
2 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
3 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
4 Section 30. The Mental Health and Developmental
5 Disabilities Confidentiality Act is amended by adding Section
6 9.3 as follows:
7 (740 ILCS 110/9.3 new)
8 Sec. 9.3. Disclosure without consent under the Sexually
9 Violent Persons Commitment Act. Disclosure may be made
10 without consent by any therapist providing mental health or
11 developmental disabilities services pursuant to the
12 provisions of the Sexually Violent Persons Commitment Act.
13 Disclosure may be made to the Attorney General, the State's
14 Attorney participating in the case, the court, and any other
15 party to whom the court directs disclosure to be made. The
16 information disclosed may include any records or
17 communications in the possession of the Department of
18 Corrections, if those records or communications were relied
19 upon by the therapist in providing mental health or
20 developmental disabilities services pursuant to the Sexually
21 Violent Persons Commitment Act.
22 Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.
SB1713 Enrolled -66- LRB9008710RCpcB
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
SB1713 Enrolled -67- LRB9008710RCpcB
1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 5 ILCS 350/1 from Ch. 127, par. 1301
5 20 ILCS 2605/55a from Ch. 127, par. 55a
6 720 ILCS 5/31-6 from Ch. 38, par. 31-6
7 725 ILCS 120/4.5
8 725 ILCS 207/5
9 725 ILCS 207/10
10 725 ILCS 207/40
11 725 ILCS 207/50
12 725 ILCS 207/55
13 725 ILCS 207/75
14 725 ILCS 207/90 new
15 730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4