Illinois General Assembly - Full Text of Public Act 098-0612
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Public Act 098-0612


 

Public Act 0612 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0612
 
SB1600 EnrolledLRB098 02594 MGM 32599 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Sections 35 and 999 as
follows:
 
    (225 ILCS 109/35)
    Sec. 35. Qualifications for licensure.
    (a)(1) A person is qualified for licensure as a sex
offender evaluator if that person:
        (A) has applied in writing on forms prepared and
    furnished by the Department;
        (B) has not engaged or is not engaged in any practice
    or conduct that would be grounds for disciplining a
    licensee under Section 75 of this Act; and
        (C) satisfies the licensure and experience
    requirements of paragraph (2) of this subsection (a).
    (2) A person who applies to the Department shall be issued
a sex offender evaluator license by the Department if the
person meets the qualifications set forth in paragraph (1) of
this subsection (a) and provides evidence to the Department
that the person:
        (A) is a physician licensed to practice medicine in all
    of its branches under the Medical Practice Act of 1987 or
    licensed under the laws of another state; an advanced
    practice nurse with psychiatric specialty licensed under
    the Nurse Practice Act or licensed under the laws of
    another state; a clinical psychologist licensed under the
    Clinical Psychologist Licensing Act or licensed under the
    laws of another state; a licensed clinical social worker
    licensed under the Clinical Social Work and Social Work
    Practice Act or licensed under the laws of another state; a
    licensed clinical professional counselor licensed under
    the Professional Counselor and Clinical Professional
    Counselor Licensing Act or licensed under the laws of
    another state; or a licensed marriage and family therapist
    licensed under the Marriage and Family Therapist Licensing
    Act or licensed under the laws of another state;
        (B) has 400 hours of supervised experience in the
    treatment or evaluation of sex offenders in the last 4
    years, at least 200 of which are face-to-face therapy or
    evaluation with sex offenders;
        (C) has completed at least 10 sex offender evaluations
    under supervision in the past 4 years; and
        (D) has at least 40 hours of documented training in the
    specialty of sex offender evaluation, treatment, or
    management.
    Until January 1, 2015, the requirements of subparagraphs
(B) and (D) of paragraph (2) of this subsection (a) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application for licensure. Until January 1, 2015,
the requirements of subparagraph (C) of paragraph (2) of this
subsection (a) are satisfied if the applicant has completed at
least 10 sex offender evaluations within the 4 years before
application for licensure.
    (b)(1) A person is qualified for licensure as a sex
offender treatment provider if that person:
        (A) has applied in writing on forms prepared and
    furnished by the Department;
        (B) has not engaged or is not engaged in any practice
    or conduct that would be grounds for disciplining a
    licensee under Section 75 of this Act; and
        (C) satisfies the licensure and experience
    requirements of paragraph (2) of this subsection (b).
    (2) A person who applies to the Department shall be issued
a sex offender treatment provider license by the Department if
the person meets the qualifications set forth in paragraph (1)
of this subsection (b) and provides evidence to the Department
that the person:
        (A) is a physician licensed to practice medicine in all
    of its branches under the Medical Practice Act of 1987 or
    licensed under the laws of another state; an advanced
    practice nurse with psychiatric specialty licensed under
    the Nurse Practice Act or licensed under the laws of
    another state; a clinical psychologist licensed under the
    Clinical Psychologist Licensing Act or licensed under the
    laws of another state; a licensed clinical social worker
    licensed under the Clinical Social Work and Social Work
    Practice Act or licensed under the laws of another state; a
    licensed clinical professional counselor licensed under
    the Professional Counselor and Clinical Professional
    Counselor Licensing Act or licensed under the laws of
    another state; or a licensed marriage and family therapist
    licensed under the Marriage and Family Therapist Licensing
    Act or licensed under the laws of another state;
        (B) has 400 hours of supervised experience in the
    treatment of sex offenders in the last 4 years, at least
    200 of which are face-to-face therapy with sex offenders;
    and
        (C) has at least 40 hours documented training in the
    specialty of sex offender evaluation, treatment, or
    management.
    Until January 1, 2015, the requirements of subparagraphs
(B) and (C) of paragraph (2) of this subsection (b) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application.
    (c)(1) A person is qualified for licensure as an associate
sex offender provider if that person:
        (A) has applied in writing on forms prepared and
    furnished by the Department;
        (B) has not engaged or is not engaged in any practice
    or conduct that would be grounds for disciplining a
    licensee under Section 75 of this Act; and
        (C) satisfies the education and experience
    requirements of paragraph (2) of this subsection (c).
    (2) A person who applies to the Department shall be issued
an associate sex offender provider license by the Department if
the person meets the qualifications set forth in paragraph (1)
of this subsection (c) and provides evidence to the Department
that the person holds a master's degree or higher in social
work, psychology, marriage and family therapy, counseling or
closely related behavioral science degree, or psychiatry.
(Source: P.A. 97-1098, eff. 7-1-13.)
 
    (225 ILCS 109/999)
    Sec. 999. Effective date. This Act takes effect July 1,
2013, except that this Section, Section 175, Section 180, and
the amendatory changes to Sections 2 and 3 of the Sex Offender
Registration Act take effect on January 1, 2013, the other
amendatory changes to Section 3-5 of the Sex Offender
Registration Act, the amendatory changes to the Sexually
Dangerous Persons Act, and the amendatory changes to the
Sexually Violent Persons Commitment Act take effect July
January 1, 2014.
(Source: P.A. 97-1098, eff. 1-1-13.)
 
    Section 10. The Sex Offender Registration Act is amended by
changing Section 3 as follows:
 
    (730 ILCS 150/3)
    Sec. 3. Duty to register.
    (a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the sex
offender's or sexual predator's telephone number, including
cellular telephone number, the employer's telephone number,
school attended, all e-mail addresses, instant messaging
identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer or aftercare specialist, the county of
conviction, license plate numbers for every vehicle registered
in the name of the sex offender, the age of the sex offender at
the time of the commission of the offense, the age of the
victim at the time of the commission of the offense, and any
distinguishing marks located on the body of the sex offender. A
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
Code of 2012 shall provide all Internet protocol (IP) addresses
in his or her residence, registered in his or her name,
accessible at his or her place of employment, or otherwise
under his or her control or custody. If the sex offender is a
child sex offender as defined in Section 11-9.3 or 11-9.4 of
the Criminal Code of 1961 or the Criminal Code of 2012, the sex
offender shall report to the registering agency whether he or
she is living in a household with a child under 18 years of age
who is not his or her own child, provided that his or her own
child is not the victim of the sex offense. The sex offender or
sexual predator shall register:
        (1) with the chief of police in the municipality in
    which he or she resides or is temporarily domiciled for a
    period of time of 3 or more days, unless the municipality
    is the City of Chicago, in which case he or she shall
    register at the Chicago Police Department Headquarters; or
        (2) with the sheriff in the county in which he or she
    resides or is temporarily domiciled for a period of time of
    3 or more days in an unincorporated area or, if
    incorporated, no police chief exists.
    If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
        (i) with:
            (A) the chief of police in the municipality in
        which he or she is employed at or attends an
        institution of higher education, unless the
        municipality is the City of Chicago, in which case he
        or she shall register at the Chicago Police Department
        Headquarters; or
            (B) the sheriff in the county in which he or she is
        employed or attends an institution of higher education
        located in an unincorporated area, or if incorporated,
        no police chief exists; and
        (ii) with the public safety or security director of the
    institution of higher education which he or she is employed
    at or attends.
    The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
    For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
    A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
    Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
    The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
    (a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
provide all Internet protocol (IP) addresses in his or her
residence, registered in his or her name, accessible at his or
her place of employment, or otherwise under his or her control
or custody. The out-of-state student or out-of-state employee
shall register:
        (1) with:
            (A) the chief of police in the municipality in
        which he or she attends school or is employed for a
        period of time of 5 or more days or for an aggregate
        period of time of more than 30 days during any calendar
        year, unless the municipality is the City of Chicago,
        in which case he or she shall register at the Chicago
        Police Department Headquarters; or
            (B) the sheriff in the county in which he or she
        attends school or is employed for a period of time of 5
        or more days or for an aggregate period of time of more
        than 30 days during any calendar year in an
        unincorporated area or, if incorporated, no police
        chief exists; and
        (2) with the public safety or security director of the
    institution of higher education he or she is employed at or
    attends for a period of time of 5 or more days or for an
    aggregate period of time of more than 30 days during a
    calendar year.
    The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
    The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
    (a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, including periodic and annual registrations under
Section 6 of this Act.
    (b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
    (c) The registration for any person required to register
under this Article shall be as follows:
        (1) Any person registered under the Habitual Child Sex
    Offender Registration Act or the Child Sex Offender
    Registration Act prior to January 1, 1996, shall be deemed
    initially registered as of January 1, 1996; however, this
    shall not be construed to extend the duration of
    registration set forth in Section 7.
        (2) Except as provided in subsection (c)(2.1) or
    (c)(4), any person convicted or adjudicated prior to
    January 1, 1996, whose liability for registration under
    Section 7 has not expired, shall register in person prior
    to January 31, 1996.
        (2.1) A sex offender or sexual predator, who has never
    previously been required to register under this Act, has a
    duty to register if the person has been convicted of any
    felony offense after July 1, 2011. A person who previously
    was required to register under this Act for a period of 10
    years and successfully completed that registration period
    has a duty to register if: (i) the person has been
    convicted of any felony offense after July 1, 2011, and
    (ii) the offense for which the 10 year registration was
    served currently requires a registration period of more
    than 10 years. Notification of an offender's duty to
    register under this subsection shall be pursuant to Section
    5-7 of this Act.
        (2.5) Except as provided in subsection (c)(4), any
    person who has not been notified of his or her
    responsibility to register shall be notified by a criminal
    justice entity of his or her responsibility to register.
    Upon notification the person must then register within 3
    days of notification of his or her requirement to register.
    Except as provided in subsection (c)(2.1), if notification
    is not made within the offender's 10 year registration
    requirement, and the Department of State Police determines
    no evidence exists or indicates the offender attempted to
    avoid registration, the offender will no longer be required
    to register under this Act.
        (3) Except as provided in subsection (c)(4), any person
    convicted on or after January 1, 1996, shall register in
    person within 3 days after the entry of the sentencing
    order based upon his or her conviction.
        (4) Any person unable to comply with the registration
    requirements of this Article because he or she is confined,
    institutionalized, or imprisoned in Illinois on or after
    January 1, 1996, shall register in person within 3 days of
    discharge, parole or release.
        (5) The person shall provide positive identification
    and documentation that substantiates proof of residence at
    the registering address.
        (6) The person shall pay a $100 initial registration
    fee and a $100 annual renewal fee to the registering law
    enforcement agency having jurisdiction. The fees shall be
    used by the registering agency for official purposes. The
    agency shall establish procedures to document receipt and
    use of the funds. The registering agency law enforcement
    agency having jurisdiction may waive the registration fee
    if it determines that the person is indigent and unable to
    pay the registration fee. Thirty-five dollars for the
    initial registration fee and $35 of the annual renewal fee
    shall be retained and used by the registering agency for
    official purposes. Having retained $35 of the initial
    registration fee and $35 of the annual renewal fee, the
    registering agency shall remit the remainder of the fee to
    State agencies within 30 days of receipt for deposit into
    the State funds as follows:
            (A) Five dollars of the initial registration fee
        and $5 of the annual fee shall be remitted to the State
        Treasurer who shall deposit the moneys deposited into
        the Sex Offender Management Board Fund under Section 19
        of the Sex Offender Management Board Act. Money
        deposited into the Sex Offender Management Board Fund
        shall be administered by the Sex Offender Management
        Board and shall be used by the Board to comply with the
        provisions of the Sex Offender Management Board Act.
            (B) Thirty dollars of the initial registration fee
        and $30 of the annual renewal fee shall be remitted to
        the Department of State Police which shall deposit the
        moneys deposited into the Sex Offender Registration
        Fund and shall be used by the Department of State
        Police to maintain and update the Illinois State Police
        Sex Offender Registry.
            (C) Thirty dollars of the initial registration fee
        and $30 of the annual renewal fee shall be remitted to
        the Attorney General who shall deposit the moneys
        deposited into the Attorney General Sex Offender
        Awareness, Training, and Education Fund. Moneys
        deposited into the Fund shall be used by the Attorney
        General to administer the I-SORT program and to alert
        and educate the public, victims, and witnesses of their
        rights under various victim notification laws and for
        training law enforcement agencies, State's Attorneys,
        and medical providers of their legal duties concerning
        the prosecution and investigation of sex offenses.
        The registering agency shall establish procedures to
    document the receipt and remittance of the $100 initial
    registration fee and $100 annual renewal fee.
    (d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/27/2013