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.