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Public Act 91-0235
SB396 Enrolled LRB9100340RCks
AN ACT to amend the Sex Offender Management Board Act by
changing Section 15.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Management Board Act is
amended by changing Section 15 as follows:
(20 ILCS 4026/15)
Sec. 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 36 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 36 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 Department
of Human Services, 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.
(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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