Public Act 90-0133 of the 90th General Assembly
Public Act 90-0133
SB123 Enrolled LRB9001517RCks
AN ACT in relation to sex offender management.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Sex Offender Management Board Act.
Section 5. Legislative declaration. The General Assembly
hereby declares that the comprehensive evaluation,
identification, counseling, and continued monitoring of sex
offenders who are subject to the supervision of the criminal
or juvenile justice systems is necessary in order to work
toward the elimination of recidivism by such offenders.
Therefore, the General Assembly hereby creates a program
which standardizes the evaluation, identification,
counseling, and continued monitoring of sex offenders at each
stage of the criminal or juvenile justice systems so that
those offenders will curtail recidivistic behavior and the
protection of victims and potential victims will be enhanced.
The General Assembly recognizes that some sex offenders
cannot or will not respond to counseling and that, in
creating the program described in this Act, the General
Assembly does not intend to imply that all sex offenders can
be successful in counseling.
Section 10. Definitions. In this Act, unless the
context otherwise requires:
(a) "Board" means the Sex Offender Management Board
created in Section 15.
(b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
certified as a sexually dangerous person under the Sexually
Dangerous Persons Act, or any substantially similar federal
law or law of another state.
(c) "Sex offense" means any felony or misdemeanor
offense described in this subsection (c) as follows:
(1) Indecent solicitation of a child, in violation
of Section 11-6 of the Criminal Code of 1961;
(2) Indecent solicitation of an adult, in violation
of Section 11-6.5 of the Criminal Code of 1961;
(3) Public indecency, in violation of Section 11-9
of the Criminal Code of 1961;
(4) Sexual exploitation of a child, in violation of
Section 11-9.1 of the Criminal Code of 1961;
(5) Sexual relations within families, in violation
of Section 11-11 of the Criminal Code of 1961;
(6) Soliciting for a juvenile prostitute, in
violation of Section 11-15.1 of the Criminal Code of
1961;
(7) Keeping a place of juvenile prostitution, in
violation of Section 11-17.1 of the Criminal Code of
1961;
(8) Patronizing a juvenile prostitute, in violation
of Section 11-18.1 of the Criminal Code of 1961;
(9) Juvenile pimping, in violation of Section
11-19.1 of the Criminal Code of 1961;
(10) Exploitation of a child, in violation of
Section 11-19.2 of the Criminal Code of 1961;
(11) Child pornography, in violation of Section
11-20.1 of the Criminal Code of 1961;
(12) Harmful material, in violation of Section
11-21 of the Criminal Code of 1961;
(13) Criminal sexual assault, in violation of
Section 12-13 of the Criminal Code of 1961;
(14) Aggravated criminal sexual assault, in
violation of Section 12-14 of the Criminal Code of 1961;
(15) Predatory criminal sexual assault of a child,
in violation of Section 12-14.1 of the Criminal Code of
1961;
(16) Criminal sexual abuse, in violation of Section
12-15 of the Criminal Code of 1961;
(17) Aggravated criminal sexual abuse, in violation
of Section 12-16 of the Criminal Code of 1961;
(18) Ritualized abuse of a child, in violation of
Section 12-33 of the Criminal Code of 1961;
(19) An attempt to commit any of the offenses
enumerated in this subsection (c).
(d) "Management" means counseling, monitoring, and
supervision of any sex offender that conforms to the
standards created by the Board under Section 15.
Section 15. Sex Offender Management Board; creation;
duties.
(a) There is created the Sex Offender Management Board,
which shall consist of 20 members. The membership of the
Board shall consist of the following persons:
(1) Two members appointed by the Governor
representing the judiciary, one representing juvenile
court matters and one representing adult criminal court
matters;
(2) One member appointed by the Governor
representing Probation Services;
(3) One member appointed by the Governor
representing the Department of Corrections;
(4) One member appointed by the Governor
representing the Department of Human Services;
(5) One member appointed by the Governor
representing the Illinois State Police;
(6) One member appointed by the Governor
representing the Department of Children and Family
Services;
(7) One member appointed by the Attorney General
representing the Office of the Attorney General;
(8) Two members appointed by the Attorney General
who are licensed mental health professionals with
documented expertise in the treatment of sex offenders;
(9) Two members appointed by the Attorney General
who are State's Attorneys or assistant State's Attorneys,
one representing juvenile court matters and one
representing felony court matters;
(10) One member being the Cook County State's
Attorney or his or her designee;
(11) One member being the Director of the State's
Attorneys Appellate Prosecutor or his or her designee;
(12) One member being the Cook County Public
Defender or his or her designee;
(13) Two members appointed by the Governor who are
representatives of law enforcement, one juvenile officer
and one sex crime investigator;
(14) Two members appointed by the Attorney General
who are recognized experts in the field of sexual assault
and who can represent sexual assault victims and victims'
rights organizations; and
(15) One member being the State Appellate Defender
or his or her designee.
(b) The Governor and the Attorney General shall appoint
a presiding officer for the Board from among the board
members appointed under subsection (a) of this Section, which
presiding officer shall serve at the pleasure of the Governor
and the Attorney General.
(c) Each member of the Board shall demonstrate
substantial expertise and experience in the field of sexual
assault.
(d) (1) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (1)
through (7) of subsection (a) of this Section shall serve at
the pleasure of the official who appointed that member, for a
term of 5 years and may be reappointed. The members shall
serve without additional compensation.
(2) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (8)
through (14) of subsection (a) of this Section shall
serve for a term of 5 years and may be reappointed. The
members shall serve without compensation.
(3) The travel costs associated with membership on
the Board created in subsection (a) of this Section will
be reimbursed subject to availability of funds.
(e) The first meeting of this Board shall be held within
45 days of the effective date of this Act.
(f) The Board shall carry out the following duties:
(1) Not later than 18 months after the effective
date of this Act, the Board shall develop and prescribe
separate standardized procedures for the evaluation and
identification of the offender and recommend behavior
management, monitoring, and counseling based upon the
knowledge that sex offenders are extremely habituated and
that there is no known cure for the propensity to commit
sex abuse. The Board shall develop and implement
measures of success based upon a no-cure policy for
intervention. The Board shall develop and implement
methods of intervention for sex offenders which have as a
priority the physical and psychological safety of victims
and potential victims and which are appropriate to the
needs of the particular offender, so long as there is no
reduction of the safety of victims and potential victims.
(2) Not later than 18 months after the effective
date of this Act, the Board shall develop separate
guidelines and standards for a system of programs for the
counseling of both juvenile and adult sex offenders which
can be utilized by offenders who are placed on probation,
committed to the Department of Corrections, or placed on
mandatory supervised release or parole. The programs
developed under this paragraph (f) shall be as flexible
as possible so that the programs may be utilized by each
offender to prevent the offender from harming victims and
potential victims. The programs shall be structured in
such a manner that the programs provide a continuing
monitoring process as well as a continuum of counseling
programs for each offender as that offender proceeds
through the justice system. Also, the programs shall be
developed in such a manner that, to the extent possible,
the programs may be accessed by all offenders in the
justice system.
(3) There is established the Sex Offender
Management Board Fund in the State Treasury into which
funds received from public or private sources shall be
deposited, and from which funds shall be appropriated to
the Sex Offender Management Board for planning and
research.
(4) The Board shall develop and prescribe a plan to
research and analyze the effectiveness of the evaluation,
identification, and counseling procedures and programs
developed under this Act. The Board shall also develop
and prescribe a system for implementation of the
guidelines and standards developed under paragraph (2) of
this subsection (f) and for tracking offenders who have
been subjected to evaluation, identification, and
counseling under this Act. In addition, the Board shall
develop a system for monitoring offender behaviors and
offender adherence to prescribed behavioral changes. The
results of the tracking and behavioral monitoring shall
be a part of any analysis made under this paragraph (4).
(g) The Board may promulgate rules as are necessary to
carry out the duties of the Board.
(h) The Board and the individual members of the Board
shall be immune from any liability, whether civil or
criminal, for the good faith performance of the duties of the
Board as specified in this Section.
Section 20. Report to the General Assembly. Upon
completion of the duties prescribed in paragraphs (1) and (2)
of subsection (f) of Section 15, the Board shall make a
report to the General Assembly regarding the standardized
procedures developed under this Act, the standardized
programs developed under this Act, the plans for
implementation developed under this Act, and the plans for
research and analysis developed under this Act.
Section 95. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Sex Offender Management Board Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.