093_HB2980eng HB2980 Engrossed LRB093 07021 RLC 07172 b 1 AN ACT relating to sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Sex Offender Residency Act. 6 Section 5. Definitions. In this Act: 7 "Locations where children are the primary occupants or 8 users" includes, but is not limited to, public and private 9 elementary and secondary schools and licensed day care 10 centers. 11 "Sex offender" has the meaning ascribed to it in Section 12 2 of the Sex Offender Registration Act. Sex offender includes 13 a sexually violent person and a sexual predator. 14 "Sexually violent person" has the meaning ascribed to it 15 in Section 5 of the Sexually Violent Persons Commitment Act. 16 "Sexual predator" has the meaning ascribed to it in 17 Section 2 of the Sex Offender Registration Act. 18 "Transitional housing" means housing intended to be 19 occupied by a sex offender for 45 days or less immediately 20 after release from incarceration. 21 Section 10. Rules for residency of sex offenders. 22 (a) The Department of Corrections, in consultation with 23 the Prisoner Review Board, shall adopt rules establishing 24 criteria to be considered in determining the permanent 25 residence requirements for a sex offender released on 26 mandatory supervised release or parole. Transitional housing 27 is not subject to permanent residence requirements. The 28 Department shall include in the rules: 29 (1) A general prohibition against allowing a sex 30 offender to reside near locations where children are the HB2980 Engrossed -2- LRB093 07021 RLC 07172 b 1 primary occupants or users; 2 (2) The bases upon which exceptions to the general 3 prohibition required by paragraph (1) of this subsection 4 (a) are authorized; and 5 (3) A process that allows communities that would be 6 affected by a decision about the location of a sex 7 offender's residence to be informed of the decision 8 making process before the offender is released. 9 (b) Based upon the rules adopted under subsection (a) of 10 this Section, the Department shall develop a decision matrix 11 to be used in determining the permanent residence 12 requirements for a sex offender. 13 Section 15. Review of residence. 14 (a) The Prisoner Review Board, in consultation with the 15 Department of Corrections, shall adopt rules establishing 16 criteria to be considered: 17 (1) In reviewing the proposed residence of a sex 18 offender when determining conditions of parole or 19 mandatory supervised release for that sex offender; and 20 (2) In determining the residence of a sex offender 21 as a condition of parole or mandatory supervised release 22 for that sex offender. 23 (b) The Board shall include in the rules: 24 (1) A general prohibition against allowing a sex 25 offender to reside near locations where children are the 26 primary occupants or users; 27 (2) The bases upon which exceptions to the general 28 prohibition required by paragraph (1) of this subsection 29 (b) are authorized; and 30 (3) A process that allows communities that would be 31 affected by a decision about the location of a sex 32 offender's residence to be informed of the 33 decision-making process before the offender is released. HB2980 Engrossed -3- LRB093 07021 RLC 07172 b 1 (c) Based upon the rules adopted under subsections (a) 2 and (b) of this Section, the Board shall develop a decision 3 matrix to be used in determining the specific residence for a 4 sex offender. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.