Public Act 90-0793 of the 90th General Assembly
Public Act 90-0793
SB1713 Enrolled LRB9008710RCpcB
AN ACT in relation to sex offenders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or
instrumentality of the State. It does not mean any local
public entity as that term is defined in Section 1-206 of the
Local Governmental and Governmental Employees Tort Immunity
Act or a pension fund.
(b) The term "employee" means any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund, any present or former member of
the Illinois National Guard while on active duty, individuals
or organizations who contract with the Department of
Corrections, the Comprehensive Health Insurance Board, or the
Department of Veterans' Affairs to provide services,
individuals or organizations who contract with the Department
of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) to provide services
including but not limited to treatment and other services for
sexually violent persons or as participating mental health
centers as defined in the Mental Health and Developmental
Disabilities Code, individuals or organizations who contract
with the Department of Military Affairs for youth programs,
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor, individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging, individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as
elder abuse provider agencies or regional administrative
agencies under the Elder Abuse and Neglect Act, individuals
or organizations who perform volunteer services for the State
where such volunteer relationship is reduced to writing,
individuals who serve on any public entity (whether created
by law or administrative action) described in paragraph (a)
of this Section, individuals or not for profit organizations
who, either as volunteers, where such volunteer relationship
is reduced to writing, or pursuant to contract, furnish
professional advice or consultation to any agency or
instrumentality of the State, individuals who serve as foster
parents for the Department of Children and Family Services
when caring for a Department ward, and individuals who serve
as arbitrators pursuant to Part 10A of Article II of the Code
of Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended, but
does not mean an independent contractor except as provided in
this Section. The term includes an individual appointed as an
inspector by the Director of State Police when performing
duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation
to the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 88-14; 88-45; 88-198; 88-484; 88-670, eff.
12-2-94; 89-507, eff. 7-1-97.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; revised 1-5-98.)
(Text of Section after amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
Section 10.5. The Sex Offender Management Board Act is
amended by changing Sections 5, 10, and 15 as follows:
(20 ILCS 4026/5)
Sec. 5. Legislative declaration. The General Assembly
hereby declares that the comprehensive evaluation,
identification, counseling, and continued monitoring of sex
offenders who are subject to the supervision of the criminal
or juvenile justice systems or mental health systems is
necessary in order to work toward the elimination of
recidivism by such offenders. Therefore, the General
Assembly hereby creates a program which standardizes the
evaluation, identification, counseling, and continued
monitoring of sex offenders at each stage of the criminal or
juvenile justice systems or mental health systems so that
those offenders will curtail recidivistic behavior and the
protection of victims and potential victims will be enhanced.
The General Assembly recognizes that some sex offenders
cannot or will not respond to counseling and that, in
creating the program described in this Act, the General
Assembly does not intend to imply that all sex offenders can
be successful in counseling.
(Source: P.A. 90-133, eff. 7-22-97.)
(20 ILCS 4026/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
(a) "Board" means the Sex Offender Management Board
created in Section 15.
(b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
certified as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
(c) "Sex offense" means any felony or misdemeanor
offense described in this subsection (c) as follows:
(1) Indecent solicitation of a child, in violation
of Section 11-6 of the Criminal Code of 1961;
(2) Indecent solicitation of an adult, in violation
of Section 11-6.5 of the Criminal Code of 1961;
(3) Public indecency, in violation of Section 11-9
of the Criminal Code of 1961;
(4) Sexual exploitation of a child, in violation of
Section 11-9.1 of the Criminal Code of 1961;
(5) Sexual relations within families, in violation
of Section 11-11 of the Criminal Code of 1961;
(6) Soliciting for a juvenile prostitute, in
violation of Section 11-15.1 of the Criminal Code of
1961;
(7) Keeping a place of juvenile prostitution, in
violation of Section 11-17.1 of the Criminal Code of
1961;
(8) Patronizing a juvenile prostitute, in violation
of Section 11-18.1 of the Criminal Code of 1961;
(9) Juvenile pimping, in violation of Section
11-19.1 of the Criminal Code of 1961;
(10) Exploitation of a child, in violation of
Section 11-19.2 of the Criminal Code of 1961;
(11) Child pornography, in violation of Section
11-20.1 of the Criminal Code of 1961;
(12) Harmful material, in violation of Section
11-21 of the Criminal Code of 1961;
(13) Criminal sexual assault, in violation of
Section 12-13 of the Criminal Code of 1961;
(14) Aggravated criminal sexual assault, in
violation of Section 12-14 of the Criminal Code of 1961;
(15) Predatory criminal sexual assault of a child,
in violation of Section 12-14.1 of the Criminal Code of
1961;
(16) Criminal sexual abuse, in violation of Section
12-15 of the Criminal Code of 1961;
(17) Aggravated criminal sexual abuse, in violation
of Section 12-16 of the Criminal Code of 1961;
(18) Ritualized abuse of a child, in violation of
Section 12-33 of the Criminal Code of 1961;
(19) An attempt to commit any of the offenses
enumerated in this subsection (c).
(d) "Management" means counseling, monitoring, and
supervision of any sex offender that conforms to the
standards created by the Board under Section 15.
(Source: P.A. 90-133, eff. 7-22-97.)
(20 ILCS 4026/15)
Sec. 15. Sex Offender Management Board; creation;
duties.
(a) There is created the Sex Offender Management Board,
which shall consist of 20 members. The membership of the
Board shall consist of the following persons:
(1) Two members appointed by the Governor
representing the judiciary, one representing juvenile
court matters and one representing adult criminal court
matters;
(2) One member appointed by the Governor
representing Probation Services;
(3) One member appointed by the Governor
representing the Department of Corrections;
(4) One member appointed by the Governor
representing the Department of Human Services;
(5) One member appointed by the Governor
representing the Illinois State Police;
(6) One member appointed by the Governor
representing the Department of Children and Family
Services;
(7) One member appointed by the Attorney General
representing the Office of the Attorney General;
(8) Two members appointed by the Attorney General
who are licensed mental health professionals with
documented expertise in the treatment of sex offenders;
(9) Two members appointed by the Attorney General
who are State's Attorneys or assistant State's Attorneys,
one representing juvenile court matters and one
representing felony court matters;
(10) One member being the Cook County State's
Attorney or his or her designee;
(11) One member being the Director of the State's
Attorneys Appellate Prosecutor or his or her designee;
(12) One member being the Cook County Public
Defender or his or her designee;
(13) Two members appointed by the Governor who are
representatives of law enforcement, one juvenile officer
and one sex crime investigator;
(14) Two members appointed by the Attorney General
who are recognized experts in the field of sexual assault
and who can represent sexual assault victims and victims'
rights organizations; and
(15) One member being the State Appellate Defender
or his or her designee.
(b) The Governor and the Attorney General shall appoint
a presiding officer for the Board from among the board
members appointed under subsection (a) of this Section, which
presiding officer shall serve at the pleasure of the Governor
and the Attorney General.
(c) Each member of the Board shall demonstrate
substantial expertise and experience in the field of sexual
assault.
(d) (1) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (1)
through (7) of subsection (a) of this Section shall serve at
the pleasure of the official who appointed that member, for a
term of 5 years and may be reappointed. The members shall
serve without additional compensation.
(2) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (8)
through (14) of subsection (a) of this Section shall
serve for a term of 5 years and may be reappointed. The
members shall serve without compensation.
(3) The travel costs associated with membership on
the Board created in subsection (a) of this Section will
be reimbursed subject to availability of funds.
(e) The first meeting of this Board shall be held within
45 days of the effective date of this Act.
(f) The Board shall carry out the following duties:
(1) Not later than 18 months after the effective
date of this Act, the Board shall develop and prescribe
separate standardized procedures for the evaluation and
identification of the offender and recommend behavior
management, monitoring, and counseling based upon the
knowledge that sex offenders are extremely habituated and
that there is no known cure for the propensity to commit
sex abuse. The Board shall develop and implement
measures of success based upon a no-cure policy for
intervention. The Board shall develop and implement
methods of intervention for sex offenders which have as a
priority the physical and psychological safety of victims
and potential victims and which are appropriate to the
needs of the particular offender, so long as there is no
reduction of the safety of victims and potential victims.
(2) Not later than 18 months after the effective
date of this Act, the Board shall develop separate
guidelines and standards for a system of programs for the
counseling of both juvenile and adult sex offenders which
can be utilized by offenders who are placed on probation,
committed to the Department of Corrections or Department
of Human Services, or placed on mandatory supervised
release or parole. The programs developed under this
paragraph (f) shall be as flexible as possible so that
the programs may be utilized by each offender to prevent
the offender from harming victims and potential victims.
The programs shall be structured in such a manner that
the programs provide a continuing monitoring process as
well as a continuum of counseling programs for each
offender as that offender proceeds through the justice
system. Also, the programs shall be developed in such a
manner that, to the extent possible, the programs may be
accessed by all offenders in the justice system.
(3) There is established the Sex Offender
Management Board Fund in the State Treasury into which
funds received from public or private sources shall be
deposited, and from which funds shall be appropriated to
the Sex Offender Management Board for planning and
research.
(4) The Board shall develop and prescribe a plan to
research and analyze the effectiveness of the evaluation,
identification, and counseling procedures and programs
developed under this Act. The Board shall also develop
and prescribe a system for implementation of the
guidelines and standards developed under paragraph (2) of
this subsection (f) and for tracking offenders who have
been subjected to evaluation, identification, and
counseling under this Act. In addition, the Board shall
develop a system for monitoring offender behaviors and
offender adherence to prescribed behavioral changes. The
results of the tracking and behavioral monitoring shall
be a part of any analysis made under this paragraph (4).
(g) The Board may promulgate rules as are necessary to
carry out the duties of the Board.
(h) The Board and the individual members of the Board
shall be immune from any liability, whether civil or
criminal, for the good faith performance of the duties of the
Board as specified in this Section.
(Source: P.A. 90-133, eff. 7-22-97.)
Section 11. The Criminal Code of 1961 is amended by
changing Section 31-6 as follows:
(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal
institution or to report for periodic imprisonment.
(a) A person convicted of a felony or charged with the
commission of a felony who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class 2 felony; however, a person
convicted of a felony who knowingly fails to report to a
penal institution or to report for periodic imprisonment at
any time or knowingly fails to return from furlough or from
work and day release or who knowingly fails to abide by the
terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with
the commission of a misdemeanor who intentionally escapes
from any penal institution or from the custody of an employee
of that institution commits a Class A misdemeanor; however, a
person convicted of a misdemeanor who knowingly fails to
report to a penal institution or to report for periodic
imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails
to abide by the terms of home confinement is guilty of a
Class B misdemeanor.
(b-1) A person committed to the Department of Human
Services under the provisions of the Sexually Violent Persons
Commitment Act or in detention with the Department of Human
Services awaiting such a commitment who intentionally escapes
from any secure residential facility or from the custody of
an employee of that facility commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer
for the alleged commission of a felony offense and who
intentionally escapes from custody commits a Class 2 felony;
however, a person in the lawful custody of a peace officer
for the alleged commission of a misdemeanor offense who
intentionally escapes from custody commits a Class A
misdemeanor.
(c-5) A person in the lawful custody of a peace officer
for an alleged violation of a term or condition of probation,
conditional discharge, parole, or mandatory supervised
release for a felony who intentionally escapes from custody
is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer
for an alleged violation of a term or condition of
supervision, probation, or conditional discharge for a
misdemeanor who intentionally escapes from custody is guilty
of a Class A misdemeanor.
(d) A person who violates this Section while armed with
a dangerous weapon commits a Class 1 felony.
(Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97;
89-689, eff. 12-31-96; 90-14, eff. 7-1-97.)
Section 15. The Rights of Crime Victims and Witnesses
Act is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges and corrections will provide
information, as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of
the status of the investigation, except where the State's
Attorney determines that disclosure of such information would
unreasonably interfere with the investigation, until such
time as the alleged assailant is apprehended or the
investigation is closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of
information, the return of an indictment by which a
prosecution for any violent crime is commenced, or the
filing of a petition to adjudicate a minor as a
delinquent for a violent crime;
(2) shall provide notice of the date, time, and
place of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously
as possible, pursuant to the procedures set out in
Section 115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of
a secure waiting area during court proceedings that does
not require victims to be in close proximity to defendant
or juveniles accused of a violent crime, and their
families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings;
(8) in the case of the death of a person, which
death occurred in the same transaction or occurrence in
which acts occurred for which a defendant is charged with
an offense, shall notify the spouse, parent, child or
sibling of the decedent of the date of the trial of the
person or persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at
the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders
filed thereafter in the case, in the same manner as if
the victim were a named party in the case; and
(10) at the sentencing hearing shall make a good
faith attempt to explain the minimum amount of time
during which the defendant may actually be physically
imprisoned. The Office of the State's Attorney shall
further notify the crime victim of the right to request
from the Prisoner Review Board information concerning the
release of the defendant under subparagraph (d)(1) of
this Section; and
(11) shall request restitution at sentencing and
shall consider restitution in any plea negotiation, as
provided by law.
(c) At the written request of the crime victim, the
office of the State's Attorney shall:
(1) provide notice a reasonable time in advance of
the following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of
defendant from custody, or to alter the conditions of
bond and the sentencing hearing. The crime victim shall
also be notified of the cancellation of the court
proceeding in sufficient time, wherever possible, to
prevent an unnecessary appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of
the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained
for a violent crime;
(3) explain in nontechnical language the details of
any plea or verdict of a defendant, or any adjudication
of a juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer
of a plea bargain to the defendant or enters into
negotiations with the defendant concerning a possible
plea agreement, and shall consider the written victim
impact statement, if prepared prior to entering into a
plea agreement;
(5) provide notice of the ultimate disposition of
the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(6) provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal;
(7) provide notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963,
and of the date, time and place of any hearing concerning
the petition. Whenever possible, notice of the hearing
shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered
by the Board in making its determination under subsection
(b) of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim
or any other concerned citizen, upon written request, of
the prisoner's release on parole, mandatory supervised
release, electronic detention, work release or by the
custodian of the discharge of any individual who was
adjudicated a delinquent for a violent crime from State
custody and by the sheriff of the appropriate county of
any such person's final discharge from county custody.
The Prisoner Review Board, upon written request, shall
provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority. For purposes of this paragraph (1)
of subsection (d), "concerned citizen" includes relatives
of the victim, friends of the victim, witnesses to the
crime, or any other person associated with the victim or
prisoner.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the defendant's discharge from State
custody.
(3) In the event of an escape from State custody,
the Department of Corrections immediately shall notify
the Prisoner Review Board of the escape and the Prisoner
Review Board shall notify the victim. The notification
shall be based upon the most recent information as to the
victim's residence or other location available to the
Board. When no such information is available, the Board
shall make all reasonable efforts to obtain the
information and make the notification. When the escapee
is apprehended, the Department of Corrections immediately
shall notify the Prisoner Review Board and the Board
shall notify the victim.
(4) The victim of the crime for which the prisoner
has been sentenced shall receive reasonable written
notice not less than 15 days prior to the parole hearing
and may submit, in writing, on film, videotape or other
electronic means or in the form of a recording or in
person at the parole hearing, information for
consideration by the Prisoner Review Board. The victim
shall be notified within 7 days after the prisoner has
been granted parole and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6,
the Prisoner Review Board shall inform the victim of any
order of discharge entered by the Board pursuant to
Section 3-3-8 of the Unified Code of Corrections.
(6) At the written request of the victim of the
crime for which the prisoner was sentenced, the Prisoner
Review Board shall notify the victim of the death of the
prisoner if the prisoner died while on parole or
mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections or the Department of Human
Services is released or discharged and subsequently
committed to the Department of Human Services as a
sexually violent person and the victim had requested to
be notified by the releasing authority of the defendant's
discharge from State custody, the releasing authority
shall provide to the Department of Human Services such
information that would allow the Department of Human
Services to contact the victim.
(Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff.
7-1-97.)
Section 20. The Sexually Violent Persons Commitment Act
is amended by changing Sections 5, 10, 15, 30, 50, 55, and 75
and adding Section 90 as follows:
(725 ILCS 207/5)
Sec. 5. Definitions. As used in this Act, the term:
(a) "Department" means the Department of Human Services.
(b) "Mental disorder" means a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes a person to engage in acts of sexual violence.
(c) "Secretary" means the Secretary of Human Services.
(d) "Sexually motivated" means that one of the purposes
for an act is for the actor's sexual arousal or
gratification.
(e) "Sexually violent offense" means any of the
following:
(1) Any crime specified in Section 12-13, 12-14,
12-14.1, or 12-16 of the Criminal Code of 1961; or
(2) First degree murder, if it is determined by the
agency with jurisdiction to have been sexually motivated;
or
(3) Any solicitation, conspiracy or attempt to
commit a crime under paragraph (e)(1) or (e)(2) of this
Section.
(f) "Sexually violent person" means a person who has
been convicted of a sexually violent offense, has been
adjudicated delinquent for a sexually violent offense, or has
been found not guilty of or not responsible for a sexually
violent offense by reason of insanity, mental disease or
mental defect, and who is dangerous because he or she suffers
from a mental disorder that makes it substantially probable
that the person will engage in acts of sexual violence.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/10)
Sec. 10. Notice to the Attorney General and State's
Attorney.
(a) In this Act, "agency with jurisdiction" means the
agency with the authority or duty to release or discharge the
person.
(b) If an agency with jurisdiction has control or
custody over a person who may meet the criteria for
commitment as a sexually violent person, the agency with
jurisdiction shall inform the Attorney General and the
State's Attorney in a position to file a petition under
paragraph (a)(2) of Section 15 of this Act regarding the
person as soon as possible beginning 3 months prior to the
applicable date of the following:
(1) The anticipated release from imprisonment or
the anticipated entry into mandatory supervised release
of a person who has been convicted of a sexually violent
offense.
(2) The anticipated release from a Department of
Corrections correctional facility or juvenile
correctional facility of a person adjudicated delinquent
under Section 5-20 of the Juvenile Court Act of 1987 on
the basis of a sexually violent offense.
(3) The discharge or conditional release of a
person who has been found not guilty of a sexually
violent offense by reason of insanity, mental disease or
mental defect under Section 5-2-4 of the Unified Code of
Corrections.
(c) The agency with jurisdiction shall provide the
Attorney General and the State's Attorney with all of the
following:
(1) The person's name, identifying factors,
anticipated future residence and offense history;
(2) A comprehensive evaluation of the person's
mental condition, the basis upon which a determination
has been made that the person is subject to commitment
under subsection (b) of Section 15 of this Act and a
recommendation for action in furtherance of the purposes
of this Act; and
(3) If applicable, documentation of any treatment
and the person's adjustment to any institutional
placement.
(d) Any agency or officer, employee or agent of an
agency is immune from criminal or civil liability for any
acts or omissions as the result of a good faith effort to
comply with this Section.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually
violent person may be filed by one of the following:
(1) The Attorney General, at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or
her own motion. If the Attorney General, after
consulting with and advising the State's Attorney of the
county referenced in paragraph (a)(2) of this Section,
decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person or within 30 days of placement
onto parole or mandatory supervised release for an
offense enumerated in paragraph (e) of Section 5 of this
Act.
(2) If the Attorney General does not file a
petition under this Section, the State's Attorney of the
county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect may file a petition.
(3) The Attorney General and the State's Attorney
referenced in paragraph (a)(2) of this Section jointly.
(b) A petition filed under this Section shall allege
that all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following
criteria:
(A) The person has been convicted of a
sexually violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity,
mental disease, or mental defect.
(2) The person is within 90 days of discharge or
entry into mandatory supervised release from a Department
of Corrections correctional facility for a sentence that
was imposed upon a conviction for a sexually violent
offense or for a sentence that is being served
concurrently or consecutively with a sexually violent
offense or is within the initial 30 days of the person's
entry date into parole or mandatory supervised release;
or
(3) The person is within 90 days of discharge or
release from a Department of Corrections juvenile
correctional facility, if the person was placed in the
facility for being adjudicated delinquent under Section
5-20 of the Juvenile Court Act of 1987 on the basis of a
sexually violent offense or from a commitment order that
was entered as a result of a sexually violent offense.
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial
probability that he or she will engage in acts of sexual
violence.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that
is a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is
alleged to be sexually motivated.
(d) A petition under this Section shall be filed in
either of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason
of insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or
juvenile correctional facility, or a commitment order.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/30)
Sec. 30. Detention; probable cause hearing; transfer for
examination.
(a) Upon the filing of a petition under Section 15 of
this Act, the court shall review the petition to determine
whether to issue an order for detention of the person who is
the subject of the petition. The person shall be detained
only if there is cause to believe that the person is eligible
for commitment under subsection (f) of Section 35 of this
Act. A person detained under this Section shall be held in a
facility approved by the Department. If the person is
serving a sentence of imprisonment, is in a Department of
Corrections correctional facility or juvenile correctional
facility or is committed to institutional care, and the court
orders detention under this Section, the court shall order
that the person be transferred to a detention facility
approved by the Department. A detention order under this
Section remains in effect until the person is discharged
after a trial under Section 35 of this Act or until the
effective date of a commitment order under Section 40 of this
Act, whichever is applicable.
(b) Whenever a petition is filed under Section 15 of
this Act, the court shall hold a hearing to determine whether
there is probable cause to believe that the person named in
the petition is a sexually violent person. If the person
named in the petition is in custody, the court shall hold the
probable cause hearing within 72 hours after the petition is
filed, excluding Saturdays, Sundays and legal holidays. The
court may grant a continuance of the probable cause hearing
for no more than 7 additional days upon the motion of the
respondent, for good cause. If the person named in the
petition has been released, is on parole, is on mandatory
supervised release, or otherwise is not in custody, the court
shall hold the probable cause hearing within a reasonable
time after the filing of the petition. At the probable cause
hearing, the court shall admit and consider all relevant
hearsay evidence.
(c) If the court determines after a hearing that there
is probable cause to believe that the person named in the
petition is a sexually violent person, the court shall order
that the person be taken into custody if he or she is not in
custody and shall order the person to be transferred within a
reasonable time to an appropriate facility for an evaluation
as to whether the person is a sexually violent person. If
the person named in the petition refuses to speak to,
communicate with, or otherwise fails to cooperate with the
expert from the Department of Human Services who is
conducting the evaluation, the person shall be prohibited
from introducing testimony or evidence from any expert or
professional person who is retained or court appointed to
conduct an evaluation of the person. Notwithstanding the
provisions of Section 10 of the Mental Health and
Developmental Disabilities Confidentiality Act, all
evaluations conducted pursuant to this Act and all Illinois
Department of Corrections treatment records shall be
admissible at all proceedings held pursuant to this Act,
including the probable cause hearing and the trial.
If the court determines that probable cause does not
exist to believe that the person is a sexually violent
person, the court shall dismiss the petition.
(d) The Department shall promulgate rules that provide
the qualifications for persons conducting evaluations under
subsection (c) of this Section.
(e) If the person named in the petition claims or
appears to be indigent, the court shall, prior to the
probable cause hearing under subsection (b) of this Section,
appoint counsel.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/50)
Sec. 50. Secure facility for sexually violent persons.
(a) The Department shall place a person committed to a
secure facility under paragraph (b)(2) of Section 40 of this
Act at a facility provided by the Department of Corrections
under subsection (b) of this Section.
(b) The Department may enter into an agreement with the
Department of Corrections for the provision of a secure
facility for persons committed under paragraph (b)(2) of
Section 40 of this Act to a facility. The Department shall
operate the facility provided by the Department of
Corrections under this subsection and shall provide by rule
for the nature of the facility, the level of care to be
provided in the facility, and the custody and discipline of
persons placed in the facility. The facility operated under
this Section shall not be subject to the provisions of the
Mental Health and Developmental Disabilities Code.
(c) For the purposes of Section 3-6-4 of the Unified
Code of Corrections, a person held in detention in a secure
facility or committed as a sexually violent person and held
in a secure facility shall be considered a "committed
person", as that term is used in Section 3-6-4 of the Unified
Code of Corrections.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/55)
Sec. 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of
this Act and has not been discharged under Section 65 of this
Act, the Department shall conduct an examination of his or
her mental condition within 6 months after an initial
commitment under Section 40 and again thereafter at least
once each 12 months for the purpose of determining whether
the person has made sufficient progress to be conditionally
released or discharged entitled to transfer to a less
restrictive facility, to conditional release or to discharge.
At the time of a reexamination under this Section, the person
who has been committed may retain or, if he or she is
indigent and so requests, the court may appoint a qualified
expert or a professional person to examine him or her.
(b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40.
(c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/75)
Sec. 75. Notice concerning conditional release or
discharge.
(a) As used in this Section, the term:
(1) "Act of sexual violence" means an act or
attempted act that is a basis for an allegation made in a
petition under paragraph (b)(1) of Section 15 of this
Act.
(2) "Member of the family" means spouse, child,
sibling, parent, or legal guardian.
(3) "Victim" means a person against whom an act of
sexual violence has been committed.
(b) If the court places a person on conditional release
under Section 40 of this Act or discharges a person under
Section 60 or 65, the Department shall notify all of the
following who have requested notification under this Act or
under the Rights of Crime Victims and Witnesses Act:
(1) Whichever of the following persons is
appropriate in accordance with the provisions of
subsection (a)(3):
(A) The victim of the act of sexual violence.
(B) An adult member of the victim's family, if
the victim died as a result of the act of sexual
violence.
(C) The victim's parent or legal guardian, if
the victim is younger than 18 years old.
(2) The Department of Corrections.
(c) The notice under subsection (b) of this Section
shall inform the Department of Corrections and the person
notified under paragraph (b)(1) of this Section of the name
of the person committed under this Act and the date the
person is placed on conditional release or discharged. The
Department shall send the notice, postmarked at least 7 days
before the date the person committed under this Act is placed
on conditional release or discharged, to the Department of
Corrections and the last-known address of the person notified
under paragraph (b)(1) of this Section.
(d) The Department shall design and prepare cards for
persons specified in paragraph (b)(1) of this Section to send
to the Department. The cards shall have space for these
persons to provide their names and addresses, the name of the
person committed under this Act and any other information the
Department determines is necessary. The Department shall
provide the cards, without charge, to the Attorney General
and State's Attorneys. The Attorney General and State's
Attorneys shall provide the cards, without charge, to persons
specified in paragraph (b)(1) of this Section. These persons
may send completed cards to the Department. All records or
portions of records of the Department that relate to mailing
addresses of these persons are not subject to inspection or
copying under Section 3 of the Freedom of Information Act.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/90 new)
Sec. 90. Committed persons ability to pay for services.
Each person committed or detained under this Act who receives
services provided directly or funded by the Department and
the estate of that person is liable for the payment of sums
representing charges for services to the person at a rate to
be determined by the Department. Services charges against
that person take effect on the date of admission or the
effective date of this Section. The Department in its rules
may establish a maximum rate for the cost of services. In
the case of any person who has received residential services
from the Department, whether directly from the Department or
through a public or private agency or entity funded by the
Department, the liability shall be the same regardless of the
source of services. When the person is placed in a facility
outside the Department, the facility shall collect
reimbursement from the person. The Department may supplement
the contribution of the person to private facilities after
all other sources of income have been utilized; however the
supplement shall not exceed the allowable rate under Title
XVIII or Title XIX of the Federal Social Security Act for
those persons eligible for those respective programs. The
Department may pay the actual costs of services or
maintenance in the facility and may collect reimbursement for
the entire amount paid from the person or an amount not to
exceed the maximum. Lesser or greater amounts may be
accepted by the Department when conditions warrant that
action or when offered by persons not liable under this Act.
Nothing in this Section shall preclude the Department from
applying federal benefits that are specifically provided for
the care and treatment of a disabled person toward the cost
of care provided by a State facility or private agency. The
Department may investigate the financial condition of each
person committed under this Act, may make determinations of
the ability of each such person to pay sums representing
services charges, and for those purposes may set a standard
as a basis of judgment of ability to pay. The Department
shall by rule make provisions for unusual and exceptional
circumstances in the application of that standard. The
Department may issue to any person liable under this Act a
statement of amount due as treatment charges requiring him or
her to pay monthly, quarterly, or otherwise as may be
arranged, an amount not exceeding that required under this
Act, plus fees to which the Department may be entitled under
this Act.
(a) Whenever an individual is covered, in part or in
whole, under any type of insurance arrangement, private or
public, for services provided by the Department, the proceeds
from the insurance shall be considered as part of the
individual's ability to pay notwithstanding that the
insurance contract was entered into by a person other than
the individual or that the premiums for the insurance were
paid for by a person other than the individual. Remittances
from intermediary agencies under Title XVIII of the Federal
Social Security Act for services to committed persons shall
be deposited with the State Treasurer and placed in the
Mental Health Fund. Payments received from the Department of
Public Aid under Title XIX of the Federal Social Security Act
for services to those persons shall be deposited with the
State Treasurer and shall be placed in the General Revenue
Fund.
(b) Any person who has been issued a Notice of
Determination of sums due as services charges may petition
the Department for a review of that determination. The
petition must be in writing and filed with the Department
within 90 days from the date of the Notice of Determination.
The Department shall provide for a hearing to be held on the
charges for the period covered by the petition. The
Department may after the hearing, cancel, modify, or increase
the former determination to an amount not to exceed the
maximum provided for the person by this Act. The Department
at its expense shall take testimony and preserve a record of
all proceedings at the hearing upon any petition for a
release from or modification of the determination. The
petition and other documents in the nature of pleadings and
motions filed in the case, a transcript of testimony,
findings of the Department, and orders of the Secretary
constitute the record. The Secretary shall furnish a
transcript of the record to any person upon payment of 75¢
per page for each original transcript and 25¢ per page for
each copy of the transcript. Any person aggrieved by the
decision of the Department upon a hearing may, within 30 days
thereafter, file a petition with the Department for review of
the decision by the Board of Reimbursement Appeals
established in the Mental Health and Developmental
Disabilities Code. The Board of Reimbursement Appeals may
approve action taken by the Department or may remand the case
to the Secretary with recommendation for redetermination of
charges.
(c) Upon receiving a petition for review under
subsection (b) of this Section, the Department shall
thereupon notify the Board of Reimbursement Appeals which
shall render its decision thereon within 30 days after the
petition is filed and certify such decision to the
Department. Concurrence of a majority of the Board is
necessary in any such decision. Upon request of the
Department, the State's Attorney of the county in which a
client who is liable under this Act for payment of sums
representing services charges resides, shall institute
appropriate legal action against any such client, or within
the time provided by law shall file a claim against the
estate of the client who fails or refuses to pay those
charges. The court shall order the payment of sums due for
services charges for such period or periods of time as the
circumstances require. The order may be entered against any
defendant and may be based upon the proportionate ability of
each defendant to contribute to the payment of sums
representing services charges including the actual charges
for services in facilities outside the Department where the
Department has paid those charges. Orders for the payment of
money may be enforced by attachment as for contempt against
the persons of the defendants and, in addition, as other
judgments for the payment of money, and costs may be adjudged
against the defendants and apportioned among them.
(d) The money collected shall be deposited into the
Mental Health Fund.
Section 25. The Unified Code of Corrections is amended
by changing Sections 3-6-4 and 5-4-3 as follows:
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
Sec. 3-6-4. Enforcement of Discipline - Escape.
(a) A committed person who escapes or attempts to escape
from an institution or facility of the Adult Division, or
escapes or attempts to escape while in the custody of an
employee of the Adult Division, or holds or participates in
the holding of any person as a hostage by force, threat or
violence, or while participating in any disturbance,
demonstration or riot, causes, directs or participates in the
destruction of any property is guilty of a Class 2 felony. A
committed person who fails to return from furlough or from
work and day release is guilty of a Class 3 felony.
(b) If one or more committed persons injures or attempts
to injure in a violent manner any employee, officer, guard,
other peace officer or any other committed person or damages
or attempts to damage any building or workshop, or any
appurtenances thereof, or attempts to escape, or disobeys or
resists any lawful command, the employees, officers, guards
and other peace officers shall use all suitable means to
defend themselves, to enforce the observance of discipline,
to secure the persons of the offenders, and prevent such
attempted violence or escape; and said employees, officers,
guards, or other peace officers, or any of them, shall, in
the attempt to prevent the escape of any such person, or in
attempting to retake any such person who has escaped, or in
attempting to prevent or suppress violence by a committed
person against another person, a riot, revolt, mutiny or
insurrection, be justified in the use of force, including
force likely to cause death or great bodily harm under
Section 7-8 of the Criminal Code of 1961 which he reasonably
believed necessary.
As used in this Section, "committed person" includes a
person held in detention in a secure facility or committed as
a sexually violent person and held in a secure facility under
the Sexually Violent Persons Commitment Act; and "peace
officer" means any officer or member of any duly organized
State, county or municipal police unit or police force.
(c) The Department shall establish procedures to provide
immediate notification of the escape of any person, as
defined in subsection (a) of this Section, to the persons
specified in subsection (c) of Section 3-14-1 of this Code.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent
for, sexual offenses or institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found delinquent for, or
who received a disposition of court supervision for, a sexual
offense or attempt of a sexual offense or institutionalized
as a sexually dangerous person under the Sexually Dangerous
Persons Act shall, regardless of the sentence or disposition
imposed, be required to submit specimens of blood to the
Illinois Department of State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a sexual offense or attempt of a
sexual offense on or after the effective date of this
amendatory Act of 1989, and sentenced to a term of
imprisonment, periodic imprisonment, fine, probation,
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense,
or
(1.5) found delinquent under the Juvenile Court Act
of 1987 for a sexual offense or attempt of a sexual
offense on or after the effective date of this amendatory
Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a sexual offense or attempt of a
sexual offense before the effective date of this
amendatory Act of 1989 and is presently confined as a
result of such conviction in any State correctional
facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
and (a)(2) to provide specimens of blood shall provide be
ordered by the court to have specimens of blood collected
within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of
State Police.
(c) Any person required by paragraphs (a)(3) and (a)(4)
to provide specimens of blood shall be required to provide
such samples prior to final discharge, parole, or release at
a collection site designated by the Illinois Department of
State Police.
(c-5) Any person required by paragraph (a)(5) to provide
specimens of blood shall, where feasible, be required to
provide the specimens before being accepted for conditioned
residency in Illinois under the interstate compact or
agreement, but no later than 45 days after arrival in this
State.
(d) The Illinois Department of State Police shall
provide all equipment and instructions necessary for the
collection of blood samples. The collection of samples shall
be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person approved by the Illinois Department
of Public Health may withdraw blood for the purposes of this
Act. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of
the United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single data base and may not be subject to expungement.
(g) For the purposes of this Section, "sexual offense"
means any of the following:
(1) Any violation of Sections 11-6, 11-9.1, 11-11,
11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
Criminal Code of 1961, or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney
or Attorney General, makes a finding that the child
luring involved an intent to commit sexual penetration or
sexual conduct as defined in Section 12-12 of the
Criminal Code of 1961.
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood samples and
other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
(i) A person required ordered by the court to provide a
blood specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood specimen is
a Class A misdemeanor shall be punishable as contempt of
court.
(j) Any person required by subsection (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition to any other disposition, penalty, or fine
imposed, shall pay an analysis fee of $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System
Fund is hereby created as a special fund in the State
Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois
State Police crime laboratories as designated by the
Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing
laws and shall be designated for the exclusive use of
State crime laboratories. These uses may include, but
are not limited to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic
marker groupings as required by subsection (e).
(C) Costs incurred in the purchase and
maintenance of equipment for use in performing
analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and
genetic marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
Section 30. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by adding Section
9.3 as follows:
(740 ILCS 110/9.3 new)
Sec. 9.3. Disclosure without consent under the Sexually
Violent Persons Commitment Act. Disclosure may be made
without consent by any therapist providing mental health or
developmental disabilities services pursuant to the
provisions of the Sexually Violent Persons Commitment Act.
Disclosure may be made to the Attorney General, the State's
Attorney participating in the case, the court, and any other
party to whom the court directs disclosure to be made. The
information disclosed may include any records or
communications in the possession of the Department of
Corrections, if those records or communications were relied
upon by the therapist in providing mental health or
developmental disabilities services pursuant to the Sexually
Violent Persons Commitment Act.
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.
INDEX
Statutes amended in order of appearance
SEE INDEX
5 ILCS 350/1 from Ch. 127, par. 1301
20 ILCS 2605/55a from Ch. 127, par. 55a
720 ILCS 5/31-6 from Ch. 38, par. 31-6
725 ILCS 120/4.5
725 ILCS 207/5
725 ILCS 207/10
725 ILCS 207/40
725 ILCS 207/50
725 ILCS 207/55
725 ILCS 207/75
725 ILCS 207/90 new
730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4