Section 1285.30  Responsibilities

a)         When a person becomes a qualifying offender, the State's Attorney shall, at the time of sentencing, request that the court issue an order requiring the qualifying offender to comply with Section 5-4-3(a) of the Act.

b)         At the time of sentencing the qualifying offender, the sentencing judge shall issue an order requiring the offender to provide specimens that shall be submitted to the Department in accordance with Section 5-4-3(a) of the Act.

c)         The designated agency responsible for sample collection of qualifying offenders is as followed:

1)         If the qualifying offender has not previously had a sample taken and is serving a term of incarceration in a facility under the control of the county sheriff, or is being transferred to another state to serve the sentence, the sheriff's office is the designated agency and is responsible for the collection of the sample prior to the release or transfer of the offender.

2)         If the qualifying offender has not previously had a sample taken and is transferred to a facility under the control of the Department of Corrections to serve a term of incarceration, the Department of Corrections is the designated agency and is responsible for the collection of the sample from the offender before his/her release on parole, or mandatory supervised release or final discharge or, in the event the offender is sentenced to death or natural life, at any time.

3)         If the qualifying offender has not previously had a sample taken and is transferred to a facility under the control of the Department of Juvenile Justice to serve a term of incarceration, the Department of Juvenile Justice is the designated agency and is responsible for the collection of the sample from the offender before his/her release on parole, mandatory supervised release or final discharge or, in the event the offender is sentenced to death or natural life, at any time.

4)         If the qualifying offender has not previously had a sample collected and is transferred to the Department of Corrections to be institutionalized as a sexually dangerous person or institutionalized as a person found guilty but mentally ill of a sexual offense or an attempted sexual offense, the Department of Corrections is the designated agency and is responsible for the collection of the sample any time prior to release of the offender.

5)         If the qualifying offender has not previously had a sample collected and is ordered committed as a sexually violent person, the Department of Human Services is the designated agency and is responsible for the collection of the sample prior to the release of the offender.

6)         If the qualifying offender has not previously had a sample collected and is serving a sentence but not physically incarcerated, the supervising agency (such as a probation office) is the designated agency and is responsible for collection of the sample prior to the termination of the sentence.

7)         If the qualifying offender for any reason is not under the control or supervision of any agency listed in subsections (c)(1) through (c)(6), then the probation authority of the sentencing jurisdiction is the designated agency.

d)         In the event no court order has been issued at the time of sentencing requiring the qualifying offender to provide a sample, the designated agency shall request the State's Attorney of the county of conviction or the county in which the offender is located to request the court to issue such an order.  The court shall issue an order requiring the offender to provide the sample.

e)         If the offender consents to provide the sample without a court order, no court order is necessary and the State's Attorney is not required to request one.

f)          A general order issued under the administrative authority of the chief judge of a circuit of proper jurisdiction is sufficient to satisfy the court order requirements of this Section.  In the event such an order exists and is valid with respect to the qualifying offender, the State's Attorney need not seek an individualized order.

g)         The designated agency is responsible for ensuring that the offender is eligible for collection under the statute.

(Source:  Amended at 31 Ill. Reg. 9249, effective June 12, 2007)