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| [ Engrossed ] | [ House Amendment 003 ] |
91_SB1620
LRB9111836JMpkA
1 AN ACT to amend the Sex Offender Management Board Act by
2 changing Section 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sex Offender Management Board Act is
6 amended by changing Section 15 as follows:
7 (20 ILCS 4026/15)
8 Sec. 15. Sex Offender Management Board; creation;
9 duties.
10 (a) There is created the Sex Offender Management Board,
11 which shall consist of 20 members. The membership of the
12 Board shall consist of the following persons:
13 (1) Two members appointed by the Governor
14 representing the judiciary, one representing juvenile
15 court matters and one representing adult criminal court
16 matters;
17 (2) One member appointed by the Governor
18 representing Probation Services;
19 (3) One member appointed by the Governor
20 representing the Department of Corrections;
21 (4) One member appointed by the Governor
22 representing the Department of Human Services;
23 (5) One member appointed by the Governor
24 representing the Illinois State Police;
25 (6) One member appointed by the Governor
26 representing the Department of Children and Family
27 Services;
28 (7) One member appointed by the Attorney General
29 representing the Office of the Attorney General;
30 (8) Two members appointed by the Attorney General
31 who are licensed mental health professionals with
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1 documented expertise in the treatment of sex offenders;
2 (9) Two members appointed by the Attorney General
3 who are State's Attorneys or assistant State's Attorneys,
4 one representing juvenile court matters and one
5 representing felony court matters;
6 (10) One member being the Cook County State's
7 Attorney or his or her designee;
8 (11) One member being the Director of the State's
9 Attorneys Appellate Prosecutor or his or her designee;
10 (12) One member being the Cook County Public
11 Defender or his or her designee;
12 (13) Two members appointed by the Governor who are
13 representatives of law enforcement, one juvenile officer
14 and one sex crime investigator;
15 (14) Two members appointed by the Attorney General
16 who are recognized experts in the field of sexual assault
17 and who can represent sexual assault victims and victims'
18 rights organizations; and
19 (15) One member being the State Appellate Defender
20 or his or her designee.
21 (b) The Governor and the Attorney General shall appoint
22 a presiding officer for the Board from among the board
23 members appointed under subsection (a) of this Section, which
24 presiding officer shall serve at the pleasure of the Governor
25 and the Attorney General.
26 (c) Each member of the Board shall demonstrate
27 substantial expertise and experience in the field of sexual
28 assault.
29 (d) (1) Any member of the Board created in subsection
30 (a) of this Section who is appointed under paragraphs (1)
31 through (7) of subsection (a) of this Section shall serve at
32 the pleasure of the official who appointed that member, for a
33 term of 5 years and may be reappointed. The members shall
34 serve without additional compensation.
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1 (2) Any member of the Board created in subsection
2 (a) of this Section who is appointed under paragraphs (8)
3 through (14) of subsection (a) of this Section shall
4 serve for a term of 5 years and may be reappointed. The
5 members shall serve without compensation.
6 (3) The travel costs associated with membership on
7 the Board created in subsection (a) of this Section will
8 be reimbursed subject to availability of funds.
9 (e) The first meeting of this Board shall be held within
10 45 days of the effective date of this Act.
11 (f) The Board shall carry out the following duties:
12 (1) Not later than December 31, 2001 36 months
13 after the effective date of this Act, the Board shall
14 develop and prescribe separate standardized procedures
15 for the evaluation and identification of the offender and
16 recommend behavior management, monitoring, and counseling
17 based upon the knowledge that sex offenders are extremely
18 habituated and that there is no known cure for the
19 propensity to commit sex abuse. The Board shall develop
20 and implement measures of success based upon a no-cure
21 policy for intervention. The Board shall develop and
22 implement methods of intervention for sex offenders which
23 have as a priority the physical and psychological safety
24 of victims and potential victims and which are
25 appropriate to the needs of the particular offender, so
26 long as there is no reduction of the safety of victims
27 and potential victims.
28 (2) Not later than December 31, 2001 36 months
29 after the effective date of this Act, the Board shall
30 develop separate guidelines and standards for a system of
31 programs for the counseling of both juvenile and adult
32 sex offenders which can be utilized by offenders who are
33 placed on probation, committed to the Department of
34 Corrections or Department of Human Services, or placed on
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1 mandatory supervised release or parole. The programs
2 developed under this paragraph (f) shall be as flexible
3 as possible so that the programs may be utilized by each
4 offender to prevent the offender from harming victims and
5 potential victims. The programs shall be structured in
6 such a manner that the programs provide a continuing
7 monitoring process as well as a continuum of counseling
8 programs for each offender as that offender proceeds
9 through the justice system. Also, the programs shall be
10 developed in such a manner that, to the extent possible,
11 the programs may be accessed by all offenders in the
12 justice system.
13 (3) There is established the Sex Offender
14 Management Board Fund in the State Treasury into which
15 funds received from public or private sources shall be
16 deposited, and from which funds shall be appropriated to
17 the Sex Offender Management Board for planning and
18 research.
19 (4) The Board shall develop and prescribe a plan to
20 research and analyze the effectiveness of the evaluation,
21 identification, and counseling procedures and programs
22 developed under this Act. The Board shall also develop
23 and prescribe a system for implementation of the
24 guidelines and standards developed under paragraph (2) of
25 this subsection (f) and for tracking offenders who have
26 been subjected to evaluation, identification, and
27 counseling under this Act. In addition, the Board shall
28 develop a system for monitoring offender behaviors and
29 offender adherence to prescribed behavioral changes. The
30 results of the tracking and behavioral monitoring shall
31 be a part of any analysis made under this paragraph (4).
32 (g) The Board may promulgate rules as are necessary to
33 carry out the duties of the Board.
34 (h) The Board and the individual members of the Board
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1 shall be immune from any liability, whether civil or
2 criminal, for the good faith performance of the duties of the
3 Board as specified in this Section.
4 (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
5 91-235, eff. 7-22-99.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.