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91_SB0396enr SB396 Enrolled 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 SB396 Enrolled -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. SB396 Enrolled -3- LRB9100340RCks 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
18months 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 18months 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 SB396 Enrolled -4- LRB9100340RCks 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 SB396 Enrolled -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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