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90_HB3697ham002
LRB9010723RCksam01
1 AMENDMENT TO HOUSE BILL 3697
2 AMENDMENT NO. . Amend House Bill 3697, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to sex offenders."; and
5 by inserting after the enacting clause the following:
6 "Section 2. The Sex Offender Management Board Act is
7 amended by changing Sections 5, 10, and 15 as follows:
8 (20 ILCS 4026/5)
9 Sec. 5. Legislative declaration. The General Assembly
10 hereby declares that the comprehensive evaluation,
11 identification, counseling, and continued monitoring of sex
12 offenders who are subject to the supervision of the criminal
13 or juvenile justice systems or mental health systems is
14 necessary in order to work toward the elimination of
15 recidivism by such offenders. Therefore, the General
16 Assembly hereby creates a program which standardizes the
17 evaluation, identification, counseling, and continued
18 monitoring of sex offenders at each stage of the criminal or
19 juvenile justice systems or mental health systems so that
20 those offenders will curtail recidivistic behavior and the
21 protection of victims and potential victims will be enhanced.
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1 The General Assembly recognizes that some sex offenders
2 cannot or will not respond to counseling and that, in
3 creating the program described in this Act, the General
4 Assembly does not intend to imply that all sex offenders can
5 be successful in counseling.
6 (Source: P.A. 90-133, eff. 7-22-97.)
7 (20 ILCS 4026/10)
8 Sec. 10. Definitions. In this Act, unless the context
9 otherwise requires:
10 (a) "Board" means the Sex Offender Management Board
11 created in Section 15.
12 (b) "Sex offender" means any person who is convicted or
13 found delinquent in the State of Illinois, or under any
14 substantially similar federal law or law of another state, of
15 any sex offense or attempt of a sex offense as defined in
16 subsection (c) of this Section, or any former statute of this
17 State that defined a felony sex offense, or who has been
18 certified as a sexually dangerous person under the Sexually
19 Dangerous Persons Act or declared a sexually violent person
20 under the Sexually Violent Persons Commitment Act, or any
21 substantially similar federal law or law of another state.
22 (c) "Sex offense" means any felony or misdemeanor
23 offense described in this subsection (c) as follows:
24 (1) Indecent solicitation of a child, in violation
25 of Section 11-6 of the Criminal Code of 1961;
26 (2) Indecent solicitation of an adult, in violation
27 of Section 11-6.5 of the Criminal Code of 1961;
28 (3) Public indecency, in violation of Section 11-9
29 of the Criminal Code of 1961;
30 (4) Sexual exploitation of a child, in violation of
31 Section 11-9.1 of the Criminal Code of 1961;
32 (5) Sexual relations within families, in violation
33 of Section 11-11 of the Criminal Code of 1961;
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1 (6) Soliciting for a juvenile prostitute, in
2 violation of Section 11-15.1 of the Criminal Code of
3 1961;
4 (7) Keeping a place of juvenile prostitution, in
5 violation of Section 11-17.1 of the Criminal Code of
6 1961;
7 (8) Patronizing a juvenile prostitute, in violation
8 of Section 11-18.1 of the Criminal Code of 1961;
9 (9) Juvenile pimping, in violation of Section
10 11-19.1 of the Criminal Code of 1961;
11 (10) Exploitation of a child, in violation of
12 Section 11-19.2 of the Criminal Code of 1961;
13 (11) Child pornography, in violation of Section
14 11-20.1 of the Criminal Code of 1961;
15 (12) Harmful material, in violation of Section
16 11-21 of the Criminal Code of 1961;
17 (13) Criminal sexual assault, in violation of
18 Section 12-13 of the Criminal Code of 1961;
19 (14) Aggravated criminal sexual assault, in
20 violation of Section 12-14 of the Criminal Code of 1961;
21 (15) Predatory criminal sexual assault of a child,
22 in violation of Section 12-14.1 of the Criminal Code of
23 1961;
24 (16) Criminal sexual abuse, in violation of Section
25 12-15 of the Criminal Code of 1961;
26 (17) Aggravated criminal sexual abuse, in violation
27 of Section 12-16 of the Criminal Code of 1961;
28 (18) Ritualized abuse of a child, in violation of
29 Section 12-33 of the Criminal Code of 1961;
30 (19) An attempt to commit any of the offenses
31 enumerated in this subsection (c).
32 (d) "Management" means counseling, monitoring, and
33 supervision of any sex offender that conforms to the
34 standards created by the Board under Section 15.
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1 (Source: P.A. 90-133, eff. 7-22-97.)
2 (20 ILCS 4026/15)
3 Sec. 15. Sex Offender Management Board; creation;
4 duties.
5 (a) There is created the Sex Offender Management Board,
6 which shall consist of 20 members. The membership of the
7 Board shall consist of the following persons:
8 (1) Two members appointed by the Governor
9 representing the judiciary, one representing juvenile
10 court matters and one representing adult criminal court
11 matters;
12 (2) One member appointed by the Governor
13 representing Probation Services;
14 (3) One member appointed by the Governor
15 representing the Department of Corrections;
16 (4) One member appointed by the Governor
17 representing the Department of Human Services;
18 (5) One member appointed by the Governor
19 representing the Illinois State Police;
20 (6) One member appointed by the Governor
21 representing the Department of Children and Family
22 Services;
23 (7) One member appointed by the Attorney General
24 representing the Office of the Attorney General;
25 (8) Two members appointed by the Attorney General
26 who are licensed mental health professionals with
27 documented expertise in the treatment of sex offenders;
28 (9) Two members appointed by the Attorney General
29 who are State's Attorneys or assistant State's Attorneys,
30 one representing juvenile court matters and one
31 representing felony court matters;
32 (10) One member being the Cook County State's
33 Attorney or his or her designee;
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1 (11) One member being the Director of the State's
2 Attorneys Appellate Prosecutor or his or her designee;
3 (12) One member being the Cook County Public
4 Defender or his or her designee;
5 (13) Two members appointed by the Governor who are
6 representatives of law enforcement, one juvenile officer
7 and one sex crime investigator;
8 (14) Two members appointed by the Attorney General
9 who are recognized experts in the field of sexual assault
10 and who can represent sexual assault victims and victims'
11 rights organizations; and
12 (15) One member being the State Appellate Defender
13 or his or her designee.
14 (b) The Governor and the Attorney General shall appoint
15 a presiding officer for the Board from among the board
16 members appointed under subsection (a) of this Section, which
17 presiding officer shall serve at the pleasure of the Governor
18 and the Attorney General.
19 (c) Each member of the Board shall demonstrate
20 substantial expertise and experience in the field of sexual
21 assault.
22 (d) (1) Any member of the Board created in subsection
23 (a) of this Section who is appointed under paragraphs (1)
24 through (7) of subsection (a) of this Section shall serve at
25 the pleasure of the official who appointed that member, for a
26 term of 5 years and may be reappointed. The members shall
27 serve without additional compensation.
28 (2) Any member of the Board created in subsection
29 (a) of this Section who is appointed under paragraphs (8)
30 through (14) of subsection (a) of this Section shall
31 serve for a term of 5 years and may be reappointed. The
32 members shall serve without compensation.
33 (3) The travel costs associated with membership on
34 the Board created in subsection (a) of this Section will
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1 be reimbursed subject to availability of funds.
2 (e) The first meeting of this Board shall be held within
3 45 days of the effective date of this Act.
4 (f) The Board shall carry out the following duties:
5 (1) Not later than 18 months after the effective
6 date of this Act, the Board shall develop and prescribe
7 separate standardized procedures for the evaluation and
8 identification of the offender and recommend behavior
9 management, monitoring, and counseling based upon the
10 knowledge that sex offenders are extremely habituated and
11 that there is no known cure for the propensity to commit
12 sex abuse. The Board shall develop and implement
13 measures of success based upon a no-cure policy for
14 intervention. The Board shall develop and implement
15 methods of intervention for sex offenders which have as a
16 priority the physical and psychological safety of victims
17 and potential victims and which are appropriate to the
18 needs of the particular offender, so long as there is no
19 reduction of the safety of victims and potential victims.
20 (2) Not later than 18 months after the effective
21 date of this Act, the Board shall develop separate
22 guidelines and standards for a system of programs for the
23 counseling of both juvenile and adult sex offenders which
24 can be utilized by offenders who are placed on probation,
25 committed to the Department of Corrections or Department
26 of Human Services, or placed on mandatory supervised
27 release or parole. The programs developed under this
28 paragraph (f) shall be as flexible as possible so that
29 the programs may be utilized by each offender to prevent
30 the offender from harming victims and potential victims.
31 The programs shall be structured in such a manner that
32 the programs provide a continuing monitoring process as
33 well as a continuum of counseling programs for each
34 offender as that offender proceeds through the justice
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1 system. Also, the programs shall be developed in such a
2 manner that, to the extent possible, the programs may be
3 accessed by all offenders in the justice system.
4 (3) There is established the Sex Offender
5 Management Board Fund in the State Treasury into which
6 funds received from public or private sources shall be
7 deposited, and from which funds shall be appropriated to
8 the Sex Offender Management Board for planning and
9 research.
10 (4) The Board shall develop and prescribe a plan to
11 research and analyze the effectiveness of the evaluation,
12 identification, and counseling procedures and programs
13 developed under this Act. The Board shall also develop
14 and prescribe a system for implementation of the
15 guidelines and standards developed under paragraph (2) of
16 this subsection (f) and for tracking offenders who have
17 been subjected to evaluation, identification, and
18 counseling under this Act. In addition, the Board shall
19 develop a system for monitoring offender behaviors and
20 offender adherence to prescribed behavioral changes. The
21 results of the tracking and behavioral monitoring shall
22 be a part of any analysis made under this paragraph (4).
23 (g) The Board may promulgate rules as are necessary to
24 carry out the duties of the Board.
25 (h) The Board and the individual members of the Board
26 shall be immune from any liability, whether civil or
27 criminal, for the good faith performance of the duties of the
28 Board as specified in this Section.
29 (Source: P.A. 90-133, eff. 7-22-97.)".