State of Illinois
91st General Assembly
Legislation

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91_SB0396

 
                                               LRB9100340RCks

 1        AN ACT to amend the Sex Offender Management Board Act  by
 2    changing Section 15.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Sex  Offender  Management  Board  Act  is
 6    amended by changing Section 15 as follows:

 7        (20 ILCS 4026/15)
 8        Sec.   15.  Sex   Offender  Management  Board;  creation;
 9    duties.
10        (a)  There is created the Sex Offender Management  Board,
11    which  shall  consist  of  20 members.  The membership of the
12    Board shall consist of the following persons:
13             (1)  Two   members   appointed   by   the   Governor
14        representing the  judiciary,  one  representing  juvenile
15        court  matters  and one representing adult criminal court
16        matters;
17             (2)  One   member   appointed   by   the    Governor
18        representing Probation Services;
19             (3)  One    member   appointed   by   the   Governor
20        representing the Department of Corrections;
21             (4)  One   member   appointed   by   the    Governor
22        representing the Department of Human Services;
23             (5)  One    member   appointed   by   the   Governor
24        representing the Illinois State Police;
25             (6)  One   member   appointed   by   the    Governor
26        representing   the  Department  of  Children  and  Family
27        Services;
28             (7)  One member appointed by  the  Attorney  General
29        representing the Office of the Attorney General;
30             (8)  Two  members  appointed by the Attorney General
31        who  are  licensed  mental  health   professionals   with
 
                            -2-                LRB9100340RCks
 1        documented expertise in the treatment of sex offenders;
 2             (9)  Two  members  appointed by the Attorney General
 3        who are State's Attorneys or assistant State's Attorneys,
 4        one  representing  juvenile   court   matters   and   one
 5        representing felony court matters;
 6             (10)  One  member  being  the  Cook  County  State's
 7        Attorney or his or her designee;
 8             (11)  One  member  being the Director of the State's
 9        Attorneys Appellate Prosecutor or his or her designee;
10             (12)  One  member  being  the  Cook  County   Public
11        Defender or his or her designee;
12             (13)  Two  members appointed by the Governor who are
13        representatives of law enforcement, one juvenile  officer
14        and one sex crime investigator;
15             (14)  Two  members appointed by the Attorney General
16        who are recognized experts in the field of sexual assault
17        and who can represent sexual assault victims and victims'
18        rights organizations; and
19             (15)  One member being the State Appellate  Defender
20        or his or her designee.
21        (b)  The  Governor and the Attorney General shall appoint
22    a presiding officer  for  the  Board  from  among  the  board
23    members appointed under subsection (a) of this Section, which
24    presiding officer shall serve at the pleasure of the Governor
25    and the Attorney General.
26        (c)  Each   member   of   the   Board  shall  demonstrate
27    substantial expertise and experience in the field  of  sexual
28    assault.
29        (d)  (1)  Any  member  of the Board created in subsection
30    (a) of this Section who is  appointed  under  paragraphs  (1)
31    through  (7) of subsection (a) of this Section shall serve at
32    the pleasure of the official who appointed that member, for a
33    term of 5 years and may be reappointed.   The  members  shall
34    serve without additional compensation.
 
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 1             (2)  Any  member  of the Board created in subsection
 2        (a) of this Section who is appointed under paragraphs (8)
 3        through (14) of subsection  (a)  of  this  Section  shall
 4        serve  for a term of 5 years and may be reappointed.  The
 5        members shall serve without compensation.
 6             (3)  The travel costs associated with membership  on
 7        the  Board created in subsection (a) of this Section will
 8        be reimbursed subject to availability of funds.
 9        (e)  The first meeting of this Board shall be held within
10    45 days of the effective date of this Act.
11        (f)  The Board shall carry out the following duties:
12             (1)  Not later than 36 18 months after the effective
13        date of this Act, the Board shall develop  and  prescribe
14        separate  standardized  procedures for the evaluation and
15        identification of the  offender  and  recommend  behavior
16        management,  monitoring,  and  counseling  based upon the
17        knowledge that sex offenders are extremely habituated and
18        that there is no known cure for the propensity to  commit
19        sex   abuse.   The  Board  shall  develop  and  implement
20        measures of success  based  upon  a  no-cure  policy  for
21        intervention.   The  Board  shall  develop  and implement
22        methods of intervention for sex offenders which have as a
23        priority the physical and psychological safety of victims
24        and potential victims and which are  appropriate  to  the
25        needs  of the particular offender, so long as there is no
26        reduction of the safety of victims and potential victims.
27             (2)  Not later than 36 18 months after the effective
28        date of  this  Act,  the  Board  shall  develop  separate
29        guidelines and standards for a system of programs for the
30        counseling of both juvenile and adult sex offenders which
31        can be utilized by offenders who are placed on probation,
32        committed  to the Department of Corrections or Department
33        of Human Services,  or  placed  on  mandatory  supervised
34        release  or  parole.   The  programs developed under this
 
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 1        paragraph (f) shall be as flexible as  possible  so  that
 2        the  programs may be utilized by each offender to prevent
 3        the offender from harming victims and potential  victims.
 4        The  programs  shall  be structured in such a manner that
 5        the programs provide a continuing monitoring  process  as
 6        well  as  a  continuum  of  counseling  programs for each
 7        offender as that offender proceeds  through  the  justice
 8        system.  Also,  the programs shall be developed in such a
 9        manner that, to the extent possible, the programs may  be
10        accessed by all offenders in the justice system.
11             (3)  There   is   established   the   Sex   Offender
12        Management  Board  Fund  in the State Treasury into which
13        funds received from public or private  sources  shall  be
14        deposited,  and from which funds shall be appropriated to
15        the  Sex  Offender  Management  Board  for  planning  and
16        research.
17             (4)  The Board shall develop and prescribe a plan to
18        research and analyze the effectiveness of the evaluation,
19        identification, and counseling  procedures  and  programs
20        developed  under  this Act.  The Board shall also develop
21        and  prescribe  a  system  for  implementation   of   the
22        guidelines and standards developed under paragraph (2) of
23        this  subsection  (f) and for tracking offenders who have
24        been  subjected  to   evaluation,   identification,   and
25        counseling  under this Act.  In addition, the Board shall
26        develop a system for monitoring  offender  behaviors  and
27        offender adherence to prescribed behavioral changes.  The
28        results  of  the tracking and behavioral monitoring shall
29        be a part of any analysis made under this paragraph (4).
30        (g)  The Board may promulgate rules as are  necessary  to
31    carry out the duties of the Board.
32        (h)  The  Board  and  the individual members of the Board
33    shall  be  immune  from  any  liability,  whether  civil   or
34    criminal, for the good faith performance of the duties of the
 
                            -5-                LRB9100340RCks
 1    Board as specified in this Section.
 2    (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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