|
of its branches under the Medical Practice Act of 1987 or |
licensed under the laws of another state; an advanced |
practice nurse with psychiatric specialty licensed under |
the Nurse Practice Act or licensed under the laws of |
another state; a clinical psychologist licensed under the |
Clinical Psychologist Licensing Act or licensed under the |
laws of another state; a licensed clinical social worker |
licensed under the Clinical Social Work and Social Work |
Practice Act or licensed under the laws of another state; a |
licensed clinical professional counselor licensed under |
the Professional Counselor and Clinical Professional |
Counselor Licensing Act or licensed under the laws of |
another state; or a licensed marriage and family therapist |
licensed under the Marriage and Family Therapist Licensing |
Act or licensed under the laws of another state; |
(B) has 400 hours of supervised experience in the |
treatment or evaluation of sex offenders in the last 4 |
years, at least 200 of which are face-to-face therapy or |
evaluation with sex offenders; |
(C) has completed at least 10 sex offender evaluations |
under supervision in the past 4 years; and |
(D) has at least 40 hours of documented training in the |
specialty of sex offender evaluation, treatment, or |
management. |
Until January 1, 2015, the requirements of subparagraphs |
(B) and (D) of paragraph (2) of this subsection (a) are |
|
satisfied if the applicant has been listed on the Sex Offender |
Management Board's Approved Provider List for a minimum of 2 |
years before application for licensure. Until January 1, 2015, |
the requirements of subparagraph (C) of paragraph (2) of this |
subsection (a) are satisfied if the applicant has completed at |
least 10 sex offender evaluations within the 4 years before |
application for licensure. |
(b)(1) A person is qualified for licensure as a sex |
offender treatment provider if that person: |
(A) has applied in writing on forms prepared and |
furnished by the Department; |
(B) has not engaged or is not engaged in any practice |
or conduct that would be grounds for disciplining a |
licensee under Section 75 of this Act; and |
(C) satisfies the licensure and experience |
requirements of paragraph (2) of this subsection (b). |
(2) A person who applies to the Department shall be issued |
a sex offender treatment provider license by the Department if |
the person meets the qualifications set forth in paragraph (1) |
of this subsection (b) and provides evidence to the Department |
that the person: |
(A) is a physician licensed to practice medicine in all |
of its branches under the Medical Practice Act of 1987 or |
licensed under the laws of another state; an advanced |
practice nurse with psychiatric specialty licensed under |
the Nurse Practice Act or licensed under the laws of |
|
another state; a clinical psychologist licensed under the |
Clinical Psychologist Licensing Act or licensed under the |
laws of another state; a licensed clinical social worker |
licensed under the Clinical Social Work and Social Work |
Practice Act or licensed under the laws of another state; a |
licensed clinical professional counselor licensed under |
the Professional Counselor and Clinical Professional |
Counselor Licensing Act or licensed under the laws of |
another state; or a licensed marriage and family therapist |
licensed under the Marriage and Family Therapist Licensing |
Act or licensed under the laws of another state; |
(B) has 400 hours of supervised experience in the |
treatment of sex offenders in the last 4 years, at least |
200 of which are face-to-face therapy with sex offenders; |
and |
(C) has at least 40 hours documented training in the |
specialty of sex offender evaluation, treatment, or |
management. |
Until January 1, 2015, the requirements of subparagraphs |
(B) and (C) of paragraph (2) of this subsection (b) are |
satisfied if the applicant has been listed on the Sex Offender |
Management Board's Approved Provider List for a minimum of 2 |
years before application. |
(c)(1) A person is qualified for licensure as an associate |
sex offender provider if that person: |
(A) has applied in writing on forms prepared and |
|
furnished by the Department; |
(B) has not engaged or is not engaged in any practice |
or conduct that would be grounds for disciplining a |
licensee under Section 75 of this Act; and |
(C) satisfies the education and experience |
requirements of paragraph (2) of this subsection (c).
|
(2) A person who applies to the Department shall be issued |
an associate sex offender provider license by the Department if |
the person meets the qualifications set forth in paragraph (1) |
of this subsection (c) and provides evidence to the Department |
that the person holds a master's degree or higher in social |
work, psychology, marriage and family therapy, counseling or |
closely related behavioral science degree, or psychiatry.
|
(Source: P.A. 97-1098, eff. 7-1-13.)
|
(225 ILCS 109/999)
|
Sec. 999. Effective date. This Act takes effect July 1, |
2013, except that this Section, Section 175, Section 180, and |
the amendatory changes to Sections 2 and 3 of the Sex Offender |
Registration Act take effect on January 1, 2013, the other |
amendatory changes to Section 3-5 of the Sex Offender |
Registration Act, the amendatory changes to the Sexually |
Dangerous Persons Act, and the amendatory changes to the |
Sexually Violent Persons Commitment Act take effect July |
January 1, 2014.
|
(Source: P.A. 97-1098, eff. 1-1-13.)
|
|
Section 10. The Sex Offender Registration Act is amended by |
changing Section 3 as follows:
|
(730 ILCS 150/3) |
Sec. 3. Duty to register.
|
(a) A sex offender, as defined in Section 2 of this Act, or |
sexual
predator shall, within the time period
prescribed in |
subsections (b) and (c), register in person
and provide |
accurate information as required by the Department of State
|
Police. Such information shall include a current photograph,
|
current address,
current place of employment, the sex |
offender's or sexual predator's telephone number, including |
cellular telephone number, the employer's telephone number, |
school attended, all e-mail addresses, instant messaging |
identities, chat room identities, and other Internet |
communications identities that the sex offender uses or plans |
to use, all Uniform Resource Locators (URLs) registered or used |
by the sex offender, all blogs and other Internet sites |
maintained by the sex offender or to which the sex offender has |
uploaded any content or posted any messages or information, |
extensions of the time period for registering as provided in |
this Article and, if an extension was granted, the reason why |
the extension was granted and the date the sex offender was |
notified of the extension. The information shall also include a |
copy of the terms and conditions of parole or release signed by |
|
the sex offender and given to the sex offender by his or her |
supervising officer or aftercare specialist, the county of |
conviction, license plate numbers for every vehicle registered |
in the name of the sex offender, the age of the sex offender at |
the time of the commission of the offense, the age of the |
victim at the time of the commission of the offense, and any |
distinguishing marks located on the body of the sex offender. A |
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, |
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal |
Code of 2012 shall provide all Internet protocol (IP) addresses |
in his or her residence, registered in his or her name, |
accessible at his or her place of employment, or otherwise |
under his or her control or custody. If the sex offender is a |
child sex offender as defined in Section 11-9.3 or 11-9.4 of |
the Criminal Code of 1961 or the Criminal Code of 2012, the sex |
offender shall report to the registering agency whether he or |
she is living in a household with a child under 18 years of age |
who is not his or her own child, provided that his or her own |
child is not the victim of the sex offense. The sex offender or
|
sexual predator shall register:
|
(1) with the chief of police in the municipality in |
which he or she
resides or is temporarily domiciled for a |
period of time of 3 or more
days, unless the
municipality |
is the City of Chicago, in which case he or she shall |
register
at the Chicago Police Department Headquarters; or
|
(2) with the sheriff in the county in which
he or she |
|
resides or is
temporarily domiciled
for a period of time of |
3 or more days in an unincorporated
area or, if |
incorporated, no police chief exists.
|
If the sex offender or sexual predator is employed at or |
attends an institution of higher education, he or she shall |
also register:
|
(i) with: |
(A) the chief of police in the municipality in |
which he or she is employed at or attends an |
institution of higher education, unless the |
municipality is the City of Chicago, in which case he |
or she shall register at the Chicago Police Department |
Headquarters; or |
(B) the sheriff in the county in which he or she is |
employed or attends an institution of higher education |
located in an unincorporated area, or if incorporated, |
no police chief exists; and
|
(ii) with the public safety or security director of the |
institution of higher education which he or she is employed |
at or attends.
|
The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
For purposes of this Article, the place of residence or |
temporary
domicile is defined as any and all places where the |
sex offender resides
for an aggregate period of time of 3 or |
|
more days during any calendar year.
Any person required to |
register under this Article who lacks a fixed address or |
temporary domicile must notify, in person, the agency of |
jurisdiction of his or her last known address within 3 days |
after ceasing to have a fixed residence. |
A sex offender or sexual predator who is temporarily absent |
from his or her current address of registration for 3 or more |
days shall notify the law enforcement agency having |
jurisdiction of his or her current registration, including the |
itinerary for travel, in the manner provided in Section 6 of |
this Act for notification to the law enforcement agency having |
jurisdiction of change of address. |
Any person who lacks a fixed residence must report weekly, |
in person, with the sheriff's office of the county in which he |
or she is located in an unincorporated area, or with the chief |
of police in the municipality in which he or she is located. |
The agency of jurisdiction will document each weekly |
registration to include all the locations where the person has |
stayed during the past 7 days.
|
The sex offender or sexual predator shall provide accurate |
information
as required by the Department of State Police. That |
information shall include
the sex offender's or sexual |
predator's current place of employment.
|
(a-5) An out-of-state student or out-of-state employee |
shall,
within 3 days after beginning school or employment in |
this State,
register in person and provide accurate information |
|
as required by the
Department of State Police. Such information |
will include current place of
employment, school attended, and |
address in state of residence. A sex offender convicted under |
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
Criminal Code of 1961 or the Criminal Code of 2012 shall |
provide all Internet protocol (IP) addresses in his or her |
residence, registered in his or her name, accessible at his or |
her place of employment, or otherwise under his or her control |
or custody. The out-of-state student or out-of-state employee |
shall register:
|
(1) with: |
(A) the chief of police in the municipality in |
which he or she attends school or is employed for a |
period of time of 5
or more days or for an
aggregate |
period of time of more than 30 days during any
calendar |
year, unless the
municipality is the City of Chicago, |
in which case he or she shall register at
the Chicago |
Police Department Headquarters; or
|
(B) the sheriff in the county in which
he or she |
attends school or is
employed for a period of time of 5 |
or more days or
for an aggregate period of
time of more |
than 30 days during any calendar year in an
|
unincorporated area
or, if incorporated, no police |
chief exists; and |
(2) with the public safety or security director of the |
institution of higher education he or she is employed at or |
|
attends for a period of time of 5 or more days or for an |
aggregate period of time of more than 30 days during a |
calendar year. |
The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
The out-of-state student or out-of-state employee shall |
provide accurate
information as required by the Department of |
State Police. That information
shall include the out-of-state |
student's current place of school attendance or
the |
out-of-state employee's current place of employment.
|
(a-10) Any law enforcement agency registering sex |
offenders or sexual predators in accordance with subsections |
(a) or (a-5) of this Section shall forward to the Attorney |
General a copy of sex offender registration forms from persons |
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961 or the Criminal Code of |
2012, including periodic and annual registrations under |
Section 6 of this Act. |
(b) Any sex offender, as defined in Section 2 of this Act, |
or sexual
predator, regardless of any initial,
prior, or other |
registration, shall, within 3 days of beginning school,
or |
establishing a
residence, place of employment, or temporary |
domicile in
any county, register in person as set forth in |
subsection (a)
or (a-5).
|
(c) The registration for any person required to register |
|
under this
Article shall be as follows:
|
(1) Any person registered under the Habitual Child Sex |
Offender
Registration Act or the Child Sex Offender |
Registration Act prior to January
1, 1996, shall be deemed |
initially registered as of January 1, 1996; however,
this |
shall not be construed to extend the duration of |
registration set forth
in Section 7.
|
(2) Except as provided in subsection (c)(2.1) or |
(c)(4), any person convicted or
adjudicated prior to |
January 1, 1996, whose liability for registration under
|
Section 7 has not expired, shall register in person prior |
to January 31,
1996.
|
(2.1) A sex offender or sexual predator, who has never |
previously been required to register under this Act, has a |
duty to register if the person has been convicted of any |
felony offense after July 1, 2011. A person who previously |
was required to register under this Act for a period of 10 |
years and successfully completed that registration period |
has a duty to register if: (i) the person has been |
convicted of any felony offense after July 1, 2011, and |
(ii) the offense for which the 10 year registration was |
served currently requires a registration period of more |
than 10 years. Notification of an offender's duty to |
register under this subsection shall be pursuant to Section |
5-7 of this Act. |
(2.5) Except as provided in subsection (c)(4), any |
|
person who has not
been notified of his or her |
responsibility to register shall be notified by a
criminal |
justice entity of his or her responsibility to register. |
Upon
notification the person must then register within 3 |
days of notification of
his or her requirement to register. |
Except as provided in subsection (c)(2.1), if notification |
is not made within the
offender's 10 year registration |
requirement, and the Department of State
Police determines |
no evidence exists or indicates the offender attempted to
|
avoid registration, the offender will no longer be required |
to register under
this Act.
|
(3) Except as provided in subsection (c)(4), any person |
convicted on
or after January 1, 1996, shall register in |
person within 3 days after the
entry of the sentencing |
order based upon his or her conviction.
|
(4) Any person unable to comply with the registration |
requirements of
this Article because he or she is confined, |
institutionalized,
or imprisoned in Illinois on or after |
January 1, 1996, shall register in person
within 3 days of |
discharge, parole or release.
|
(5) The person shall provide positive identification |
and documentation
that substantiates proof of residence at |
the registering address.
|
(6) The person shall pay a $100
initial registration |
fee and
a $100
annual
renewal fee to the registering law |
enforcement agency having jurisdiction. The fees shall be |
|
used by the registering agency for official
purposes. The |
agency shall establish procedures to document receipt and |
use
of the funds.
The registering agency law enforcement |
agency having jurisdiction may waive the registration fee
|
if it determines that the person is indigent and unable to |
pay the registration
fee. Thirty-five
dollars for the |
initial registration fee and $35 of the annual renewal fee
|
shall be retained and used by the registering agency for |
official purposes. Having retained $35 of the initial |
registration fee and $35 of the annual renewal fee, the |
registering agency shall remit the remainder of the fee to |
State agencies within 30 days of receipt for deposit into |
the State funds as follows: |
(A) Five dollars of
the initial registration fee |
and $5 of the annual fee shall be remitted to the State |
Treasurer who shall deposit the moneys deposited into
|
the Sex Offender Management Board Fund under Section 19 |
of the Sex Offender
Management Board Act. Money |
deposited into the Sex Offender Management Board
Fund |
shall be administered by the Sex Offender Management |
Board and shall be
used by the Board to comply with the |
provisions of the Sex Offender Management Board Act. |
(B)
Thirty dollars of the initial registration fee |
and $30 of the annual renewal fee shall be remitted to |
the Department of State Police which shall deposit the |
moneys deposited into the Sex Offender Registration |
|
Fund and shall be used by the Department of State |
Police to maintain and update the Illinois State Police |
Sex Offender Registry. |
(C) Thirty dollars of the initial registration fee |
and $30 of the annual renewal fee shall be remitted to |
the Attorney General who shall deposit the moneys |
deposited into the Attorney General Sex Offender |
Awareness, Training, and Education Fund. Moneys |
deposited into the Fund shall be used by the Attorney |
General to administer the I-SORT program and to alert |
and educate the public, victims, and witnesses of their |
rights under various victim notification laws and for |
training law enforcement agencies, State's Attorneys, |
and medical providers of their legal duties concerning |
the prosecution and investigation of sex offenses. |
The registering agency shall establish procedures to |
document the receipt and remittance of the $100 initial |
registration fee and $100 annual renewal fee. |
(d) Within 3 days after obtaining or changing employment |
and, if employed
on January 1, 2000, within 5 days after that |
date, a person required to
register under this Section must |
report, in person to the law
enforcement agency having |
jurisdiction, the business name and address where he
or she is |
employed. If the person has multiple businesses or work |
locations,
every business and work location must be reported to |
the law enforcement agency
having jurisdiction.
|
|
(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, |
eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; |
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|