State of Illinois
91st General Assembly
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Public Act 91-0235

SB396 Enrolled                                 LRB9100340RCks

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

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

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

    (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 36 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 36 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; 90-793, eff. 8-14-98.)

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

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