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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Sex
5Offender Evaluation and Treatment Provider Act.
 
6    Section 5. Declaration of public policy. The practice of
7sex offender evaluation and treatment in Illinois is hereby
8declared to affect the public health, safety and welfare, and
9to be subject to regulations in the public interest. The
10purpose of this Act is to establish standards of qualifications
11for sex offender evaluators and sex offender treatment
12providers, thereby protecting the public from persons who are
13unauthorized or unqualified to represent themselves as
14licensed sex offender evaluators and sex offender treatment
15providers, and from unprofessional conduct by persons licensed
16to practice sex offender evaluation and treatment.
 
17    Section 10. Definitions. As used in this Act:
18    "Address of record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file maintained by the Department's licensure
21maintenance unit.
22    "Associate sex offender provider" means a person licensed

 

 

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1under this Act to conduct sex offender evaluations or provide
2sex offender treatment services under the supervision of a
3licensed sex offender evaluator or a licensed sex offender
4treatment provider.
5    "Board" means the Sex Offender Evaluation and Treatment
6Licensing and Disciplinary Board.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Licensee" means a person who has obtained a license under
10this Act.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    "Sex offender evaluation" means a sex-offender specific
14evaluation that systematically uses a variety of standardized
15measurements, assessments and information gathered
16collaterally and through face-to-face interviews. Sex-offender
17specific evaluations assess risk to the community; identify and
18document treatment and developmental needs, including safe and
19appropriate placement settings; determine amenability to
20treatment; and are the foundation of treatment, supervision,
21and placement recommendations.
22    "Sex offender evaluator" means a person licensed under this
23Act to conduct sex offender evaluations.
24    "Sex offender treatment" means a comprehensive set of
25planned therapeutic interventions and experiences to reduce
26the risk of further sexual offending and abusive behaviors by

 

 

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1the offender. Treatment may include adjunct therapies to
2address the unique needs of the individual, but must include
3offense specific services by a treatment provider who meets the
4qualifications in Section 30 of this Act. Treatment focuses on
5the situations, thoughts, feelings, and behavior that have
6preceded and followed past offending (abuse cycles) and
7promotes change in each area relevant to the risk of continued
8abusive, offending, or deviant sexual behaviors. Due to the
9heterogeneity of the persons who commit sex offenses, treatment
10is provided based on the individualized evaluation and
11assessment. Treatment is designed to stop sex offending and
12abusive behavior, while increasing the offender's ability to
13function as a healthy, pro-social member of the community.
14Progress in treatment is measured by change rather than the
15passage of time.
16    "Sex offender treatment provider" means a person licensed
17under this Act to provide sex offender treatment.
 
18    Section 15. Duties of the Department. The Department shall
19exercise the powers and duties prescribed by the Civil
20Administrative Code of Illinois for administration of
21licensing acts and shall exercise other powers and duties
22necessary for effectuating the purpose of this Act. The
23Department shall adopt rules to implement, interpret, or make
24specific the provisions and purposes of this Act.
 

 

 

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1    Section 20. Sex Offender Evaluation and Treatment Provider
2Licensing and Disciplinary Board.
3    (a) There is established within the Department the Sex
4Offender Evaluation and Treatment Licensing and Disciplinary
5Board to be appointed by the Secretary. The Board shall be
6composed of 8 persons who shall serve in an advisory capacity
7to the Secretary. The Board shall elect a chairperson and a
8vice chairperson.
9    (b) In appointing members of the Board, the Secretary shall
10give due consideration to recommendations by members of the
11profession of sex offender evaluation and treatment.
12    (c) Three members of the Board shall be sex offender
13evaluation or treatment providers, or both, who have been in
14active practice for at least 5 years immediately preceding
15their appointment. The appointees shall be licensed under this
16Act.
17    (d) One member shall represent the Department of
18Corrections.
19    (e) One member shall represent the Department of Human
20Services.
21    (f) One member shall represent the Administrative Office of
22the Illinois Courts representing the interests of probation
23services.
24    (g) One member shall represent the Sex Offender Management
25Board.
26    (h) One member shall be representative of the general

 

 

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1public who has no direct affiliation or work experience with
2the practice of sex offender evaluation and treatment and who
3clearly represent consumer interests.
4    (i) Board members shall be appointed for a term of 4 years,
5except that any person chosen to fill a vacancy shall be
6appointed only for the unexpired term of the Board member whom
7he or she shall succeed. Upon the expiration of his or her term
8of office, a Board member shall continue to serve until a
9successor is appointed and qualified. No member shall be
10reappointed to the Board for a term that would cause continuous
11service on the Board to be longer than 8 years.
12    (j) The membership of the Board shall reasonably reflect
13representation from the various geographic areas of the State.
14    (k) A member of the Board shall be immune from suit in any
15action based upon any disciplinary proceedings or other
16activities performed in good faith as a member of the Board.
17    (l) The Secretary may remove a member of the Board for any
18cause that, in the opinion of the Secretary, reasonably
19justifies termination.
20    (m) The Secretary may consider the recommendations of the
21Board on questions of standards of professional conduct,
22discipline, and qualification of candidates or licensees under
23this Act.
24    (n) The members of the Board shall be reimbursed for all
25legitimate, necessary, and authorized expenses.
26    (o) A majority of the Board members currently appointed

 

 

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1shall constitute a quorum. A vacancy in the membership of the
2Board shall not impair the right of a quorum to exercise all
3the rights and perform all the duties of the Board.
 
4    Section 25. Application.
5    (a) Applications for original licensure shall be made to
6the Department in writing on forms prescribed by the Department
7and shall be accompanied by the appropriate documentation and
8the required fee, which fee is nonrefundable. An application
9shall require information as, in the judgment of the
10Department, will enable the Department to pass on the
11qualifications of the applicant for licensing.
12    (b) A license shall not be denied to an applicant because
13of the applicant's race, religion, creed, national origin,
14political beliefs or activities, age, sex, sexual orientation,
15or physical disability that does not affect a person's ability
16to practice with reasonable judgment, skill, or safety.
 
17    Section 30. Social Security Number on license application.
18In addition to any other information required to be contained
19in the application, every application for an original, renewal,
20reinstated, or restored license under this Act shall include
21the applicant's Social Security number.
 
22    Section 35. Qualifications for licensure.
23    (a)(1) A person is qualified for licensure as a sex

 

 

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1offender evaluator if that person:
2        (A) has applied in writing on forms prepared and
3    furnished by the Department;
4        (B) has not engaged or is not engaged in any practice
5    or conduct that would be grounds for disciplining a
6    licensee under Section 75 of this Act; and
7        (C) satisfies the licensure and experience
8    requirements of paragraph (2) of this subsection (a).
9    (2) A person who applies to the Department shall be issued
10a sex offender evaluator license by the Department if the
11person meets the qualifications set forth in paragraph (1) of
12this subsection (a) and provides evidence to the Department
13that the person:
14        (A) is a physician licensed to practice medicine in all
15    of its branches under the Medical Practice Act of 1987 or
16    licensed under the laws of another state; an advanced
17    practice nurse with psychiatric specialty licensed under
18    the Nurse Practice Act or licensed under the laws of
19    another state; a clinical psychologist licensed under the
20    Clinical Psychologist Licensing Act or licensed under the
21    laws of another state; a licensed clinical social worker
22    licensed under the Clinical Social Work and Social Work
23    Practice Act or licensed under the laws of another state; a
24    licensed clinical professional counselor licensed under
25    the Professional Counselor and Clinical Professional
26    Counselor Licensing Act or licensed under the laws of

 

 

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1    another state; or a licensed marriage and family therapist
2    licensed under the Marriage and Family Therapist Licensing
3    Act or licensed under the laws of another state;
4        (B) has 400 hours of supervised experience in the
5    treatment or evaluation of sex offenders in the last 4
6    years, at least 200 of which are face-to-face therapy or
7    evaluation with sex offenders;
8        (C) has completed at least 10 sex offender evaluations
9    under supervision in the past 4 years; and
10        (D) has at least 40 hours of documented training in the
11    specialty of sex offender evaluation, treatment, or
12    management.
13    (b)(1) A person is qualified for licensure as a sex
14offender treatment provider if that person:
15        (A) has applied in writing on forms prepared and
16    furnished by the Department;
17        (B) has not engaged or is not engaged in any practice
18    or conduct that would be grounds for disciplining a
19    licensee under Section 75 of this Act; and
20        (C) satisfies the licensure and experience
21    requirements of paragraph (2) of this subsection (b).
22    (2) A person who applies to the Department shall be issued
23a sex offender treatment provider license by the Department if
24the person meets the qualifications set forth in paragraph (1)
25of this subsection (b) and provides evidence to the Department
26that the person:

 

 

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1        (A) is a physician licensed to practice medicine in all
2    of its branches under the Medical Practice Act of 1987 or
3    licensed under the laws of another state; an advanced
4    practice nurse with psychiatric specialty licensed under
5    the Nurse Practice Act or licensed under the laws of
6    another state; a clinical psychologist licensed under the
7    Clinical Psychologist Licensing Act or licensed under the
8    laws of another state; a licensed clinical social worker
9    licensed under the Clinical Social Work and Social Work
10    Practice Act or licensed under the laws of another state; a
11    licensed clinical professional counselor licensed under
12    the Professional Counselor and Clinical Professional
13    Counselor Licensing Act or licensed under the laws of
14    another state; or a licensed marriage and family therapist
15    licensed under the Marriage and Family Therapist Licensing
16    Act or licensed under the laws of another state;
17        (B) has 400 hours of supervised experience in the
18    treatment of sex offenders in the last 4 years, at least
19    200 of which are face-to-face therapy with sex offenders;
20    and
21        (C) has at least 40 hours documented training in the
22    specialty of sex offender evaluation, treatment, or
23    management.
24    (c)(1) A person is qualified for licensure as an associate
25sex offender provider if that person:
26        (A) has applied in writing on forms prepared and

 

 

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1    furnished by the Department;
2        (B) has not engaged or is not engaged in any practice
3    or conduct that would be grounds for disciplining a
4    licensee under Section 75 of this Act; and
5        (C) satisfies the education and experience
6    requirements of paragraph (2) of this subsection (c).
7    (2) A person who applies to the Department shall be issued
8an associate sex offender provider license by the Department if
9the person meets the qualifications set forth in paragraph (1)
10of this subsection (c) and provides evidence to the Department
11that the person holds a master's degree or higher in social
12work, psychology, marriage and family therapy, counseling or
13closely related behavioral science degree, or psychiatry.
 
14    Section 40. Exemptions. This Act does not prohibit a
15person licensed under any other Act in this State from engaging
16in the practice for which he or she is licensed.
 
17    Section 45. License renewal; restoration.
18    (a) The expiration date and renewal period for a license
19issued under this Act shall be set by rule. The holder of a
20license under this Act may renew that license during the 90 day
21period immediately preceding the expiration date upon payment
22of the required renewal fees and demonstrating compliance with
23any continuing education requirements. The Department shall
24adopt rules establishing minimum requirements of continuing

 

 

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1education and means for verification of the completion of the
2continuing education requirements. The Department may, by
3rule, specify circumstances under which the continuing
4education requirements may be waived.
5    (b) A licensee who has permitted his or her license to
6expire or who has had his or her license on inactive status may
7have his or her license restored by making application to the
8Department and filing proof acceptable to the Department, as
9defined by rule, of his or her fitness to have his or her
10license restored, including evidence certifying to active
11practice in another jurisdiction satisfactory to the
12Department and by paying the required restoration fee.
13    (c) A licensee whose license expired while he or she was
14(1) in Federal Service on active duty with the Armed Forces of
15the United States, or the State Militia called into service or
16training, or (2) in training or education under the supervision
17of the United States preliminary to induction into the military
18service, may have his or her license renewed or restored
19without paying any lapsed renewal fees if within 2 years after
20honorable termination of service, training or education, he or
21she furnishes the Department with satisfactory evidence to the
22effect that he or she has been so engaged and that his or her
23service, training or education has been terminated.
 
24    Section 50. Inactive status.
25    (a) A licensee who notifies the Department in writing on

 

 

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1forms prescribed by the Department may elect to place his or
2her license on an inactive status and shall, subject to rules
3of the Department, be excused from payment of renewal fees
4until he or she notifies the Department in writing of his or
5her intent to restore his or her license.
6    (b) A licensee requesting restoration from inactive status
7shall be required to pay the current renewal fee and shall be
8required to restore his or her license as provided in Section
945 of this Act.
10    (c) A licensee whose license is in an inactive status shall
11not practice in the State of Illinois.
12    (d) A licensee who provides sex offender evaluation or
13treatment services while his or her license is lapsed or on
14inactive status shall be considered to be practicing without a
15license which shall be grounds for discipline under this Act.
 
16    Section 55. Fees. The fees for the administration and
17enforcement of this Act, including but not limited to original
18licensure, renewal, and restoration, shall be set by rule of
19the Department. The fees shall be nonrefundable.
 
20    Section 60. Deposit of fees and fines. All of the fees and
21fines collected under this Act shall be deposited into the
22General Professions Dedicated Fund.
 
23    Section 65. Payments; penalty for insufficient funds. A

 

 

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1person who delivers a check or other payment to the Department
2that is returned to the Department unpaid by the financial
3institution upon which it is drawn shall pay to the Department,
4in addition to the amount already owed to the Department, a
5fine of $50. The fines imposed by this Section are in addition
6to any other discipline provided under this Act prohibiting
7unlicensed practice or practice on a nonrenewed license. The
8Department shall notify the person that payment of fees and
9fines shall be paid to the Department by certified check or
10money order within 30 calendar days after notification. If
11after the expiration of 30 days from the date of the
12notification the person has failed to submit the necessary
13remittance, the Department shall automatically terminate the
14license or deny the application without hearing. If after
15termination or denial the person seeks a license, he or she
16shall apply to the Department for restoration or issuance of
17the license and pay all fees and fines due to the Department.
18The Department may establish a fee for the processing of an
19application for restoration of a license to pay all expenses of
20processing the application. The Secretary may waive the fines
21due under this Section in individual cases where the Secretary
22finds that the fines would be unreasonable or unnecessarily
23burdensome.
 
24    Section 70. Roster; address change.
25    (a) The Department shall maintain a roster of names and

 

 

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1addresses of all persons who hold valid licenses and all
2persons whose licenses have been suspended or revoked within
3the previous year. This roster shall be available upon request
4and payment of the required fee.
5    (b) It is the duty of the applicant or licensee to inform
6the Department of any change of address, and that change must
7be made either through the Department's website or by
8contacting the Department's licensure maintenance unit.
 
9    Section 75. Refusal, revocation, or suspension.
10    (a) The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or nondisciplinary action, as the Department
13considers appropriate, including the imposition of fines not to
14exceed $10,000 for each violation, with regard to any license
15or licensee for any one or more of the following:
16        (1) violations of this Act or of the rules adopted
17    under this Act;
18        (2) discipline by the Department under other state law
19    and rules which the licensee is subject to;
20        (3) conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or by
22    sentencing for any crime, including, but not limited to,
23    convictions, preceding sentences of supervision,
24    conditional discharge, or first offender probation, under
25    the laws of any jurisdiction of the United States: (i) that

 

 

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1    is a felony; or (ii) that is a misdemeanor, an essential
2    element of which is dishonesty, or that is directly related
3    to the practice of the profession;
4        (4) professional incompetence;
5        (5) advertising in a false, deceptive, or misleading
6    manner;
7        (6) aiding, abetting, assisting, procuring, advising,
8    employing, or contracting with any unlicensed person to
9    provide sex offender evaluation or treatment services
10    contrary to any rules or provisions of this Act;
11        (7) engaging in immoral conduct in the commission of
12    any act, such as sexual abuse, sexual misconduct, or sexual
13    exploitation, related to the licensee's practice;
14        (8) engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (9) practicing or offering to practice beyond the scope
18    permitted by law or accepting and performing professional
19    responsibilities which the licensee knows or has reason to
20    know that he or she is not competent to perform;
21        (10) knowingly delegating professional
22    responsibilities to a person unqualified by training,
23    experience, or licensure to perform;
24        (11) failing to provide information in response to a
25    written request made by the Department within 60 days;
26        (12) having a habitual or excessive use of or addiction

 

 

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1    to alcohol, narcotics, stimulants, or any other chemical
2    agent or drug which results in the inability to practice
3    with reasonable judgment, skill, or safety;
4        (13) having a pattern of practice or other behavior
5    that demonstrates incapacity or incompetence to practice
6    under this Act;
7        (14) discipline by another state, District of
8    Columbia, territory, or foreign nation, if at least one of
9    the grounds for the discipline is the same or substantially
10    equivalent to those set forth in this Section;
11        (15) a finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation;
14        (16) willfully making or filing false records or
15    reports in his or her practice, including, but not limited
16    to, false records filed with State agencies or departments;
17        (17) making a material misstatement in furnishing
18    information to the Department or otherwise making
19    misleading, deceptive, untrue, or fraudulent
20    representations in violation of this Act or otherwise in
21    the practice of the profession;
22        (18) fraud or misrepresentation in applying for or
23    procuring a license under this Act or in connection with
24    applying for renewal of a license under this Act;
25        (19) inability to practice the profession with
26    reasonable judgment, skill, or safety as a result of

 

 

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1    physical illness, including, but not limited to,
2    deterioration through the aging process, loss of motor
3    skill, or a mental illness or disability;
4        (20) charging for professional services not rendered,
5    including filing false statements for the collection of
6    fees for which services are not rendered; or
7        (21) practicing under a false or, except as provided by
8    law, an assumed name.
9    All fines shall be paid within 60 days of the effective
10date of the order imposing the fine.
11    (b) The Department may refuse to issue or may suspend the
12license of any person who fails to file a tax return, to pay
13the tax, penalty, or interest shown in a filed tax return, or
14to pay any final assessment of tax, penalty, or interest, as
15required by any tax Act administered by the Illinois Department
16of Revenue, until such time as the requirements of the tax Act
17are satisfied in accordance with subsection (g) of Section
182105-15 of the Civil Administrative Code of Illinois.
19    (c) The Department shall deny a license or renewal
20authorized by this Act to a person who has defaulted on an
21educational loan or scholarship provided or guaranteed by the
22Illinois Student Assistance Commission or any governmental
23agency of this State in accordance with item (5) of subsection
24(g) of Section 2105-15 of the Civil Administrative Code of
25Illinois.
26    (d) In cases where the Department of Healthcare and Family

 

 

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1Services has previously determined that a licensee or a
2potential licensee is more than 30 days delinquent in the
3payment of child support and has subsequently certified the
4delinquency to the Department, the Department may refuse to
5issue or renew or may revoke or suspend that person's license
6or may take other disciplinary action against that person based
7solely upon the certification of delinquency made by the
8Department of Healthcare and Family Services in accordance with
9item (5) of subsection (g) of Section 2105-15 of the Civil
10Administrative Code of Illinois.
11    (e) The determination by a circuit court that a licensee is
12subject to involuntary admission or judicial admission, as
13provided in the Mental Health and Developmental Disabilities
14Code, operates as an automatic suspension. The suspension will
15end only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission
17and the issuance of a court order so finding and discharging
18the patient.
19    (f) In enforcing this Act, the Department or Board, upon a
20showing of a possible violation, may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, as required by and at the expense of the
24Department. The Department or Board may order the examining
25physician to present testimony concerning the mental or
26physical examination of the licensee or applicant. No

 

 

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1information shall be excluded by reason of any common law or
2statutory privilege relating to communications between the
3licensee or applicant and the examining physician. The
4examining physician shall be specifically designated by the
5Board or Department. The individual to be examined may have, at
6his or her own expense, another physician of his or her choice
7present during all aspects of this examination. The examination
8shall be performed by a physician licensed to practice medicine
9in all its branches. Failure of an individual to submit to a
10mental or physical examination, when directed, shall result in
11an automatic suspension without hearing.
12    A person holding a license under this Act or who has
13applied for a license under this Act who, because of a physical
14or mental illness or disability, including, but not limited to,
15deterioration through the aging process or loss of motor skill,
16is unable to practice the profession with reasonable judgment,
17skill, or safety, may be required by the Department to submit
18to care, counseling, or treatment by physicians approved or
19designated by the Department as a condition, term, or
20restriction for continued, reinstated, or renewed licensure to
21practice. Submission to care, counseling, or treatment as
22required by the Department shall not be considered discipline
23of a license. If the licensee refuses to enter into a care,
24counseling, or treatment agreement or fails to abide by the
25terms of the agreement, the Department may file a complaint to
26revoke, suspend, or otherwise discipline the license of the

 

 

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1individual. The Secretary may order the license suspended
2immediately, pending a hearing by the Department. Fines shall
3not be assessed in disciplinary actions involving physical or
4mental illness or impairment.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that person's
7license must be convened by the Department within 15 days after
8the suspension and completed without appreciable delay. The
9Department and Board shall have the authority to review the
10subject individual's record of treatment and counseling
11regarding the impairment to the extent permitted by applicable
12federal statutes and regulations safeguarding the
13confidentiality of medical records.
14    An individual licensed under this Act and subject to action
15under this Section shall be afforded an opportunity to
16demonstrate to the Department or Board that he or she can
17resume practice in compliance with acceptable and prevailing
18standards under the provisions of his or her license.
 
19    Section 80. Continuing education. The Department shall
20adopt rules for continuing education for persons licensed under
21this Act that require a completion of 20 hours of approved sex
22offender specific continuing education per license renewal
23period. The Department shall establish by rule a means for the
24verification of completion of the continuing education
25required by this Section. This verification may be accomplished

 

 

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1through audits of records maintained by the licensee, by
2requiring the filing of continuing education certificates with
3the Department, or by other means established by the
4Department.
 
5    Section 85. Violations; injunctions; cease and desist
6order.
7    (a) If a person violates a provision of this Act, the
8Secretary may, in the name of the People of the State of
9Illinois, through the Attorney General, petition for an order
10enjoining the violation or for an order enforcing compliance
11with this Act. Upon the filing of a verified petition in court,
12the court may issue a temporary restraining order, without
13notice or bond, and may preliminarily and permanently enjoin
14the violation. If it is established that the person has
15violated or is violating the injunction, the court may punish
16the offender for contempt of court. Proceedings under this
17Section are in addition to, and not in lieu of, all other
18remedies and penalties provided by this Act.
19    (b) If a person engages in sex offender evaluation or
20treatment or holds himself or herself out as licensee without
21having a valid license under this Act, then any licensee, any
22interested party or any person injured thereby may, in addition
23to the Secretary, petition for relief as provided in subsection
24(a) of this Section.
25    (c) Whenever in the opinion of the Department a person has

 

 

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1violated any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against him or her. The rule shall clearly set forth
4the grounds relied upon by the Department and shall provide a
5period of 7 days from the date of the rule to file an answer to
6the satisfaction of the Department. Failure to answer to the
7satisfaction of the Department shall cause an order to cease
8and desist to be issued immediately.
 
9    Section 90. Unlicensed practice; violation; civil penalty.
10    (a) A person who practices, offers to practice, attempts to
11practice, or holds himself or herself out to practice as a
12licensee without being licensed under this Act shall, in
13addition to any other penalty provided by law, pay a civil
14penalty to the Department in an amount not to exceed $10,000
15for each offense, as determined by the Department. The civil
16penalty shall be assessed by the Department after a hearing is
17held in accordance with the provisions of this Act regarding a
18hearing for the discipline of a licensee.
19    (b) The Department may investigate any and all unlicensed
20activity.
21    (c) The civil penalty shall be paid within 60 days after
22the effective date of the order imposing the civil penalty. The
23order shall constitute a judgment and may be filed and
24execution had thereon in the same manner as any judgment from
25any court of record.
 

 

 

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1    Section 95. Investigation; notice and hearing. The
2Department may investigate the actions or qualifications of any
3person or persons holding or claiming to hold a license. Before
4suspending, revoking, placing on probationary status, or
5taking any other disciplinary action as the Department may deem
6proper with regard to any license, at least 30 days before the
7date set for the hearing, the Department shall (i) notify the
8accused in writing of any charges made and the time and place
9for a hearing on the charges before the Board, (ii) direct him
10or her to file a written answer to the charges with the Board
11under oath within 20 days after the service on him or her of
12the notice, and (iii) inform him or her that if he or she fails
13to file an answer, default will be taken against him or her and
14his or her license may be suspended, revoked, placed on
15probationary status, or other disciplinary action taken with
16regard to the license, including limiting the scope, nature, or
17extent of his or her practice, as the Department may deem
18proper. In case the person, after receiving notice, fails to
19file an answer, his or her license may, in the discretion of
20the Department, be suspended, revoked, placed on probationary
21status, or the Department may take whatever disciplinary action
22is deemed proper, including limiting the scope, nature, or
23extent of the person's practice or the imposition of a fine,
24without a hearing, if the act or acts charged constitute
25sufficient grounds for that action under this Act. Written

 

 

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1notice may be served by personal delivery or by registered or
2certified mail to the applicant or licensee at his or her last
3address of record with the Department. In case the person fails
4to file an answer after receiving notice, his or her license
5may, in the discretion of the Department, be suspended,
6revoked, or placed on probationary status, or the Department
7may take whatever disciplinary action is deemed proper,
8including limiting the scope, nature, or extent of the person's
9practice or the imposition of a fine, without a hearing, if the
10act or acts charged constitute sufficient grounds for that
11action under this Act. The written answer shall be served by
12personal delivery, certified delivery, or certified or
13registered mail to the Department. At the time and place fixed
14in the notice, the Department shall proceed to hear the charges
15and the parties or their counsel shall be accorded ample
16opportunity to present statements, testimony, evidence, and
17argument as may be pertinent to the charges or to the defense
18thereto. The Department may continue the hearing from time to
19time. At the discretion of the Secretary after having first
20received the recommendation of the Board, the accused person's
21license may be suspended or revoked, if the evidence
22constitutes sufficient grounds for that action under this Act.
 
23    Section 100. Record of proceeding. The Department, at its
24expense, shall preserve a record of all proceedings at the
25formal hearing of any case. The notice of hearing, complaint

 

 

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1and all other documents in the nature of pleadings and written
2motions filed in the proceedings, the transcript of testimony,
3the report of the Board and orders of the Department shall be
4in the record of the proceedings. The Department shall furnish
5a transcript of the record to any person interested in the
6hearing upon payment of the fee required under Section 2105-115
7of the Department of Professional Regulation Law.
 
8    Section 105. Subpoenas; oaths; attendance of witnesses.
9The Department has the power to subpoena and to bring before it
10any person and to take testimony either orally or by
11deposition, or both, with the same fees and mileage and in the
12same manner as prescribed in civil cases in the courts of this
13State.
14    The Secretary, the designated hearing officer, and every
15member of the Board has power to administer oaths to witnesses
16at any hearing that the Department is authorized to conduct and
17any other oaths authorized in any Act administered by the
18Department. A circuit court may, upon application of the
19Department or its designee, or of the applicant or licensee
20against whom proceedings under this Act are pending, enter an
21order requiring the attendance of witnesses and their
22testimony, and the production of documents, papers, files,
23books and records in connection with any hearing or
24investigation. The court may compel obedience to its order by
25proceedings for contempt.
 

 

 

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1    Section 110. Recommendations for disciplinary action. At
2the conclusion of the hearing, the Board shall present to the
3Secretary a written report of its findings and recommendations.
4The report shall contain a finding whether or not the accused
5person violated this Act or failed to comply with the
6conditions required in this Act. The Board shall specify the
7nature of the violation or failure to comply, and shall make
8its recommendations to the Secretary.
9    The report of findings and recommendations of the Board
10shall be the basis for the Department's order for refusal or
11for the granting of a license, or for any disciplinary action,
12unless the Secretary shall determine that the Board's report is
13contrary to the manifest weight of the evidence, in which case
14the Secretary may issue an order in contravention of the
15Board's report. The finding is not admissible in evidence
16against the person in a criminal prosecution brought for the
17violation of this Act, but the hearing and finding are not a
18bar to a criminal prosecution brought for the violation of this
19Act.
 
20    Section 115. Rehearing. In a hearing involving
21disciplinary action against a licensee, a copy of the Board's
22report shall be served upon the respondent by the Department,
23either personally or as provided in this Act for the service of
24the notice of hearing. Within 20 calendar days after service,

 

 

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1the respondent may present to the Department a motion in
2writing for a rehearing that shall specify the particular
3grounds for rehearing. If no motion for rehearing is filed,
4then upon the expiration of the time specified for filing a
5motion, or if a motion for rehearing is denied, then upon
6denial, the Secretary may enter an order in accordance with
7recommendations of the Board, except as provided in this Act.
8If the respondent orders from the reporting service, and pays
9for, a transcript of the record within the time for filing a
10motion for rehearing, the 20 calendar day period within which a
11motion may be filed shall commence upon the delivery of the
12transcript to the respondent.
 
13    Section 120. Hearing by other hearing officer. Whenever
14the Secretary is not satisfied that substantial justice has
15been done in the revocation, suspension or refusal to issue or
16renew a license, the Secretary may order a rehearing by the
17same or other hearing officer.
 
18    Section 125. Appointment of a hearing officer. The
19Secretary has the authority to appoint any attorney duly
20licensed to practice law in the State of Illinois to serve as
21the hearing officer in any action for refusal to issue or renew
22a license, or to discipline a licensee. The hearing officer has
23full authority to conduct the hearing. The hearing officer
24shall report his or her findings and recommendations to the

 

 

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1Board and the Secretary. The Board has 60 calendar days from
2receipt of the report to review the report of the hearing
3officer and present its findings of fact, conclusions of law
4and recommendations to the Secretary. If the Board fails to
5present its report within the 60 calendar day period, the
6respondent may request in writing a direct appeal to the
7Secretary, in which case the Secretary shall, within 7 calendar
8days after receipt of the request, issue an order directing the
9Board to issue its findings of fact, conclusions of law, and
10recommendations to the Secretary within 30 calendar days after
11that order. If the Board fails to issue its findings of fact,
12conclusions of law, and recommendations within that time frame
13to the Secretary after the entry of the order, the Secretary
14shall, within 30 calendar days thereafter, issue an order based
15upon the report of the hearing officer and the record of the
16proceedings or issue an order remanding the matter back to the
17hearing officer for additional proceedings in accordance with
18the order. If (i) a direct appeal is requested, (ii) the Board
19fails to issue its findings of fact, conclusions of law, and
20recommendations within the 30 day mandate from the Secretary or
21the Secretary fails to order the Board to do so, and (iii) the
22Secretary fails to issue an order within 30 calendar days
23thereafter, then the hearing officer's report is deemed
24accepted and a final decision of the Secretary. Notwithstanding
25any other provision of this Section, if the Secretary, upon
26review, determines that substantial justice has not been done

 

 

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1in the revocation, suspension, or refusal to issue or renew a
2license or other disciplinary action taken as the result of the
3entry of the hearing officer's report, the Secretary may order
4a rehearing by the same or other hearing officer. If the
5Secretary disagrees with the recommendation of the Board or the
6hearing officer, the Secretary may issue an order in
7contravention of the recommendation.
 
8    Section 130. Order; certified copy. An order or a certified
9copy of the order, over the seal of the Department and
10purporting to be signed by the Secretary, shall be prima facie
11proof:
12    (a) that the signature is the genuine signature of the
13Secretary;
14    (b) that the Secretary is duly appointed and qualified; and
15    (c) that the Board and its members are qualified to act.
 
16    Section 135. Restoration. At any time after the suspension
17or revocation of a license, the Department may restore the
18license to the accused person, upon the written recommendation
19of the Board, unless after an investigation and a hearing the
20Board determines that restoration is not in the public
21interest.
 
22    Section 140. License surrender. Upon the revocation or
23suspension of a license, the licensee shall immediately

 

 

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1surrender the license to the Department. If the licensee fails
2to do so, the Department has the right to seize the license.
 
3    Section 145. Summary suspension. The Secretary may
4summarily suspend the license of a licensee without a hearing,
5simultaneously with the institution of proceedings for a
6hearing provided for in this Act, if the Secretary finds that
7evidence in his or her possession indicates that a licensee's
8continuation in practice would constitute an imminent danger to
9the public. In the event that the Secretary summarily suspends
10the license of a licensee without a hearing, a hearing by the
11Board must be held within 30 calendar days after the suspension
12has occurred.
 
13    Section 150. Judicial review. All final administrative
14decisions of the Department are subject to judicial review
15under the Administrative Review Law and its rules. The term
16"administrative decision" is defined as in Section 3-101 of the
17Code of Civil Procedure.
18    Proceedings for judicial review shall be commenced in the
19circuit court of the county in which the party applying for
20review resides; but if the party is not a resident of this
21State, the venue shall be in Sangamon County.
 
22    Section 155. Certification of records. The Department
23shall not be required to certify any record to the court or

 

 

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1file any answer in court or otherwise appear in any court in a
2judicial review proceeding, unless there is filed in the court,
3with the complaint, a receipt from the Department acknowledging
4payment of the costs of furnishing and certifying the record.
5Failure on the part of the plaintiff to file the receipt in
6court shall be grounds for dismissal of the action.
 
7    Section 160. Violations; penalties. A person who is found
8to have violated any provision of this Act is guilty of a Class
9A misdemeanor for the first offense, and a Class 4 felony for a
10second and subsequent offense.
 
11    Section 165. Illinois Administrative Procedure Act. The
12Illinois Administrative Procedure Act is expressly adopted and
13incorporated in this Act as if all of the provisions of that
14Act were included in this Act, except that the provision of
15paragraph (d) of Section 10-65 of the Illinois Administrative
16Procedure Act, which provides that at hearings the license
17holder has the right to show compliance with all lawful
18requirements for retention, continuation or renewal of the
19certificate, is specifically excluded. For the purpose of this
20Act, the notice required under Section 10-25 of the Illinois
21Administrative Procedure Act is deemed sufficient when mailed
22to the last known address of a party.
 
23    Section 170. Home rule. The regulation and licensing of

 

 

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1sex offender evaluators and treatment providers are exclusive
2powers and functions of the State. A home rule unit may not
3regulate or license sex offender evaluators and treatment
4providers. This Section is a denial and limitation of home rule
5powers and functions under subsection (h) of Section 6 of
6Article VII of the Illinois Constitution.
 
7    Section 172. Confidentiality. All information collected by
8the Department in the course of an examination or investigation
9of a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate the complaint, shall be
12maintained for the confidential use of the Department and shall
13not be disclosed. The Department may not disclose the
14information except to law enforcement officials, other
15regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary, or to a party
17presenting a lawful subpoena to the Department. Information and
18documents disclosed to a federal, State, county, or local law
19enforcement agency shall not be disclosed by the agency for any
20purpose to any other agency or person. A formal complaint filed
21against a licensee by the Department or any order issued by the
22Department against a licensee or applicant shall be a public
23record, except as otherwise prohibited by law.
 
24    Section 174. Multiple licensure. When a licensee under this

 

 

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1Act, who is also a licensee under another statute enforced by
2the Department, is subject to any disciplinary action including
3but not limited to the probation, suspension or revocation of
4any license issued by the Department, the disciplinary action
5is automatically applied to all licenses held by the licensee
6by operation of law.
 
7    Section 175. The Sex Offender Management Board Act is
8amended by changing Sections 5, 10, 15, 16, 17, 18, 19, and 20
9as follows:
 
10    (20 ILCS 4026/5)
11    Sec. 5. Legislative declaration. The General Assembly
12hereby declares that the comprehensive evaluation, treatment,
13identification, counseling, and management continued
14monitoring of sex offenders who are subject to the supervision
15of the criminal or juvenile justice systems or mental health
16systems is necessary in order to work toward the elimination of
17recidivism by such offenders. Therefore, the General Assembly
18hereby creates a program which assists in the education and
19training of parole, probation, law enforcement, treatment
20providers and others involved in the management of sex
21offenders. This program will standardize Therefore, the
22General Assembly hereby creates a program which standardizes
23the evaluation, treatment, identification, counseling, and
24management continued monitoring of sex offenders at each stage

 

 

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1of the criminal or juvenile justice systems or mental health
2systems so that those offenders will curtail recidivistic
3behavior and the protection of victims and potential victims
4will be enhanced. The General Assembly recognizes that some sex
5offenders cannot or will not respond to counseling and that, in
6creating the program described in this Act, the General
7Assembly does not intend to imply that all sex offenders can be
8successful in treatment counseling.
9(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)
 
10    (20 ILCS 4026/10)
11    Sec. 10. Definitions. In this Act, unless the context
12otherwise requires:
13    (a) "Board" means the Sex Offender Management Board created
14in Section 15.
15    (b) "Sex offender" means any person who is convicted or
16found delinquent in the State of Illinois, or under any
17substantially similar federal law or law of another state, of
18any sex offense or attempt of a sex offense as defined in
19subsection (c) of this Section, or any former statute of this
20State that defined a felony sex offense, or who has been
21declared certified as a sexually dangerous person under the
22Sexually Dangerous Persons Act or declared a sexually violent
23person under the Sexually Violent Persons Commitment Act, or
24any substantially similar federal law or law of another state.
25    (c) "Sex offense" means any felony or misdemeanor offense

 

 

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1described in this subsection (c) as follows:
2        (1) Indecent solicitation of a child, in violation of
3    Section 11-6 of the Criminal Code of 1961;
4        (2) Indecent solicitation of an adult, in violation of
5    Section 11-6.5 of the Criminal Code of 1961;
6        (3) Public indecency, in violation of Section 11-9 or
7    11-30 of the Criminal Code of 1961;
8        (4) Sexual exploitation of a child, in violation of
9    Section 11-9.1 of the Criminal Code of 1961;
10        (5) Sexual relations within families, in violation of
11    Section 11-11 of the Criminal Code of 1961;
12        (6) Promoting juvenile prostitution or soliciting for
13    a juvenile prostitute, in violation of Section 11-14.4 or
14    11-15.1 of the Criminal Code of 1961;
15        (7) Promoting juvenile prostitution or keeping a place
16    of juvenile prostitution, in violation of Section 11-14.4
17    or 11-17.1 of the Criminal Code of 1961;
18        (8) Patronizing a juvenile prostitute, in violation of
19    Section 11-18.1 of the Criminal Code of 1961;
20        (9) Promoting juvenile prostitution or juvenile
21    pimping, in violation of Section 11-14.4 or 11-19.1 of the
22    Criminal Code of 1961;
23        (10) promoting juvenile prostitution or exploitation
24    of a child, in violation of Section 11-14.4 or 11-19.2 of
25    the Criminal Code of 1961;
26        (11) Child pornography, in violation of Section

 

 

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1    11-20.1 of the Criminal Code of 1961;
2        (11.5) Aggravated child pornography, in violation of
3    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
4        (12) Harmful material, in violation of Section 11-21 of
5    the Criminal Code of 1961;
6        (13) Criminal sexual assault, in violation of Section
7    11-1.20 or 12-13 of the Criminal Code of 1961;
8        (13.5) Grooming, in violation of Section 11-25 of the
9    Criminal Code of 1961;
10        (14) Aggravated criminal sexual assault, in violation
11    of Section 11-1.30 or 12-14 of the Criminal Code of 1961;
12        (14.5) Traveling to meet a minor, in violation of
13    Section 11-26 of the Criminal Code of 1961;
14        (15) Predatory criminal sexual assault of a child, in
15    violation of Section 11-1.40 or 12-14.1 of the Criminal
16    Code of 1961;
17        (16) Criminal sexual abuse, in violation of Section
18    11-1.50 or 12-15 of the Criminal Code of 1961;
19        (17) Aggravated criminal sexual abuse, in violation of
20    Section 11-1.60 or 12-16 of the Criminal Code of 1961;
21        (18) Ritualized abuse of a child, in violation of
22    Section 12-33 of the Criminal Code of 1961;
23        (19) An attempt to commit any of the offenses
24    enumerated in this subsection (c); or
25        (20) Any felony offense under Illinois law that is
26    sexually motivated.

 

 

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1    (d) "Management" means treatment, counseling, monitoring,
2and supervision of any sex offender that conforms to the
3standards created by the Board under Section 15.
4    (e) "Sexually motivated" means one or more of the facts of
5the underlying offense indicates conduct that is of a sexual
6nature or that shows an intent to engage in behavior of a
7sexual nature.
8    (f) "Sex offender evaluator" means a person licensed under
9the Sex Offender Evaluation and Treatment Provider Act to
10conduct sex offender evaluations.
11    (g) "Sex offender treatment provider" means a person
12licensed under the Sex Offender Evaluation and Treatment
13Provider Act to provide sex offender treatment services.
14    (h) "Associate sex offender provider" means a person
15licensed under the Sex Offender Evaluation and Treatment
16Provider Act to provide sex offender evaluations and to provide
17sex offender treatment under the supervision of a licensed sex
18offender evaluator or a licensed sex offender treatment
19provider.
20(Source: P.A. 96-1551, eff. 7-1-11.)
 
21    (20 ILCS 4026/15)
22    Sec. 15. Sex Offender Management Board; creation; duties.
23    (a) There is created the Sex Offender Management Board,
24which shall consist of 22 20 members. The membership of the
25Board shall consist of the following persons:

 

 

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1        (1) Two members appointed by the Governor representing
2    the judiciary, one representing juvenile court matters and
3    one representing adult criminal court matters;
4        (1) (2) One member appointed by the Governor
5    representing Probation Services based on the
6    recommendation of the Illinois Probation and Court
7    Services Association;
8        (2) (3) One member appointed by the Governor
9    representing the Department of Corrections;
10        (3) One member appointed by the Governor representing
11    the Department of Juvenile Justice;
12        (4) One member appointed by the Governor representing
13    the Department of Human Services;
14        (5) One member appointed by the Governor representing
15    the Illinois State Police;
16        (6) One member appointed by the Governor representing
17    the Department of Children and Family Services;
18        (7) One member appointed by the Attorney General
19    representing the Office of the Attorney General;
20        (8) One member appointed by the Attorney General who is
21    a licensed mental health professional with documented
22    expertise in the treatment of sex offenders;
23        (9) Two members appointed by the Attorney General who
24    are State's Attorneys or assistant State's Attorneys, one
25    representing juvenile court matters and one representing
26    felony court matters;

 

 

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1        (10) One member being the Director of the
2    Administrative Office of the Illinois Courts or his or her
3    designee;
4        (11) One member being the Cook County State's Attorney
5    or his or her designee;
6        (12) (11) One member being the Director of the State's
7    Attorneys Appellate Prosecutor or his or her designee;
8        (13) (12) One member being the Cook County Public
9    Defender or his or her designee;
10        (14) (13) Two members appointed by the Governor who are
11    representatives of law enforcement, at least one juvenile
12    officer with juvenile sex offender experience and one sex
13    crime investigator;
14        (15) (14) Two members appointed by the Attorney General
15    who are recognized experts in the field of sexual assault
16    and who can represent sexual assault victims and victims'
17    rights organizations;
18        (16) (15) One member being the State Appellate Defender
19    or his or her designee; and
20        (17) One member being the President of the Illinois
21    Polygraph Society of his or her designee;
22        (18) (16) One member being the Executive Director of
23    the Criminal Justice Information Authority or his or her
24    designee; and
25        (19) One member being the President of the Illinois
26    Chapter of the Association for the Treatment of Sexual

 

 

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1    Abusers or his or her designee.
2    (b) The Governor and the Attorney General shall appoint a
3presiding officer for the Board from among the board members
4appointed under subsection (a) of this Section, which presiding
5officer shall serve at the pleasure of the Governor and the
6Attorney General.
7    (c) Each member of the Board shall demonstrate substantial
8expertise and experience in the field of sexual assault.
9    (d) (1) Any member of the Board created in subsection (a)
10of this Section who is appointed under paragraphs (1) through
11(7) of subsection (a) of this Section shall serve at the
12pleasure of the official who appointed that member, for a term
13of 5 years and may be reappointed. The members shall serve
14without additional compensation.
15    (2) Any member of the Board created in subsection (a) of
16this Section who is appointed under paragraphs (8) through (19)
17(14) of subsection (a) of this Section shall serve for a term
18of 5 years and may be reappointed. However, the term terms of
19the member members appointed under paragraph paragraphs (8) of
20subsection (a) of this Section shall end on January 1, 2012 the
21effective date of this amendatory Act of the 97th General
22Assembly. Within 30 days after January 1, 2012 the effective
23date of this amendatory Act of the 97th General Assembly, the
24Attorney General shall appoint a member under paragraph (8) of
25subsection (a) of this Section to fill the vacancy created by
26this amendatory Act of the 97th General Assembly. A person who

 

 

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1has previously served as a member of the Board may be
2reappointed. The term terms of the President of the Illinois
3Polygraph Society or his or her designee, the President of the
4Illinois Chapter of the Association for the Treatment of Sexual
5Abusers or his or her designee, and the member representing the
6Illinois Principal Association ends end on January 1, 2012 the
7effective date of this amendatory Act of the 97th General
8Assembly. The members shall serve without compensation.
9    (3) The travel costs associated with membership on the
10Board created in subsection (a) of this Section may will be
11reimbursed subject to availability of funds.
12    (e) (Blank). The first meeting of this Board shall be held
13within 45 days of the effective date of this Act.
14    (f) The Board shall carry out the following duties:
15        (1) The Not later than December 31, 2001, the Board
16    shall develop and prescribe separate standardized
17    procedures for the evaluation and management
18    identification of the offender and recommend behavior
19    management, monitoring, and treatment based upon the
20    knowledge that sex offenders are extremely habituated and
21    that there is no known cure for the propensity to commit
22    sex abuse. Periodically, the Board shall review and modify
23    as necessary the standardized procedures based upon
24    current best practices. The Board shall develop and
25    implement measures of success based upon a no-cure policy
26    for intervention. The Board shall develop and implement

 

 

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1    methods of intervention for sex offenders which have as a
2    priority the physical and psychological safety of victims
3    and potential victims and which are appropriate to the
4    needs of the particular offender, so long as there is no
5    reduction of the safety of victims and potential victims.
6        (2) These standardized procedures that are based on
7    current best practices Not later than December 31, 2001,
8    the Board shall develop separate guidelines and standards
9    for a system of programs for the evaluation and treatment
10    of both juvenile and adult sex offenders which shall be
11    utilized with by offenders who are placed on probation,
12    committed to the Department of Corrections, Department of
13    Juvenile Justice, or Department of Human Services, or
14    placed on mandatory supervised release or parole. The
15    programs developed under this paragraph (f) shall be as
16    flexible as possible so that the programs may be utilized
17    by each offender to prevent the offender from harming
18    victims and potential victims. The programs shall be
19    structured in such a manner that the programs provide a
20    continuing monitoring process as well as a continuum of
21    evaluation and treatment counseling programs for each
22    offender as that offender proceeds through the justice
23    system. Also, the programs shall be developed in such a
24    manner that, to the extent possible, the programs may be
25    accessed by all offenders in the justice system.
26        (2.5) Not later than July 1, 2013 and annually

 

 

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1    thereafter, the Board shall provide trainings for agencies
2    that provide supervision and management to sex offenders on
3    best practices for the treatment, evaluation, and
4    supervision of sex offenders. The training program may
5    include other matters relevant to the supervision and
6    management of sex offenders, including, but not limited to,
7    legislative developments and national best practices
8    models. The Board shall hold not less than 2 trainings per
9    year. The Board may develop other training and education
10    programs to promote the utilization of best practices for
11    the effective management of sex offenders as it deems
12    necessary.
13        (3) There is established the Sex Offender Management
14    Board Fund in the State Treasury into which funds received
15    under any provision of law or from public or private
16    sources shall be deposited, and from which funds shall be
17    appropriated for the purposes set forth in Section 19 of
18    this Act, Section 5-6-3 of the Unified Code of Corrections,
19    and Section 3 of the Sex Offender Registration Act, and the
20    remainder shall be appropriated to the Sex Offender
21    Management Board to carry out its duties and comply with
22    the provisions of this Act for planning and research.
23        (4) (Blank). The Board shall develop and prescribe a
24    plan to research and analyze the effectiveness of the
25    evaluation, identification, and counseling procedures and
26    programs developed under this Act. The Board shall also

 

 

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1    develop and prescribe a system for implementation of the
2    guidelines and standards developed under paragraph (2) of
3    this subsection (f) and for tracking offenders who have
4    been subjected to evaluation, identification, and
5    treatment under this Act. In addition, the Board shall
6    develop a system for monitoring offender behaviors and
7    offender adherence to prescribed behavioral changes. The
8    results of the tracking and behavioral monitoring shall be
9    a part of any analysis made under this paragraph (4).
10    (g) The Board may promulgate rules as are necessary to
11carry out the duties of the Board.
12    (h) The Board and the individual members of the Board shall
13be immune from any liability, whether civil or criminal, for
14the good faith performance of the duties of the Board as
15specified in this Section.
16(Source: P.A. 97-257, eff. 1-1-12.)
 
17    (20 ILCS 4026/16)
18    Sec. 16. Sex offender evaluation and identification
19required.
20    (a) Beginning on January 1, 2004 the effective date of this
21amendatory Act of the 93rd General Assembly, each felony sex
22offender who is to be considered for probation shall be
23required as part of the pre-sentence or social investigation to
24submit to an evaluation for treatment, an evaluation for risk,
25and procedures for monitoring of behavior to protect victims

 

 

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1and potential victims developed pursuant to item (1) of
2subsection (f) of Section 15 of this Act.
3    (b) Beginning on January 1, 2014, the The evaluation
4required by subsection (a) of this Section shall be by a sex
5offender evaluator or associate sex offender provider as
6defined in Section 10 of this Act an evaluator approved by the
7Sex Offender Management Board and shall be at the expense of
8the person evaluated, based upon that person's ability to pay
9for such treatment.
10(Source: P.A. 93-616, eff. 1-1-04.)
 
11    (20 ILCS 4026/17)
12    Sec. 17. Sentencing of sex offenders; treatment based upon
13evaluation and identification required.
14    (a) Each felony sex offender sentenced by the court for a
15sex offense shall be required as a part of any sentence to
16probation, conditional release, or periodic imprisonment to
17undergo treatment based upon the recommendations of the
18evaluation made pursuant to Section 16 or based upon any
19subsequent recommendations by the Administrative Office of the
20Illinois Courts or the county probation department, whichever
21is appropriate. Beginning on January 1, 2014, the Any such
22treatment and monitoring shall be at a facility or with a sex
23offender treatment provider or associate sex offender provider
24as defined in Section 10 of this Act person approved by the
25Board and at the such offender's own expense based upon the

 

 

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1offender's ability to pay for such treatment.
2    (b) Beginning on January 1, 2004 the effective date of this
3amendatory Act of the 93rd General Assembly, each sex offender
4placed on parole or mandatory supervised release by the
5Prisoner Review Board shall be required as a condition of
6parole to undergo treatment based upon any evaluation or
7subsequent reevaluation regarding such offender during the
8offender's incarceration or any period of parole. Beginning on
9January 1, 2014, the Any such treatment shall be by a sex
10offender treatment provider or associate sex offender provider
11as defined in Section 10 of this Act an individual approved by
12the Board and at the offender's expense based upon the
13offender's ability to pay for such treatment.
14(Source: P.A. 93-616, eff. 1-1-04.)
 
15    (20 ILCS 4026/18)
16    Sec. 18. Sex offender treatment contracts with providers.
17The county probation department or the Department of Human
18Services shall not employ or contract with and shall not allow
19a sex offender to employ or contract with any individual or
20entity to provide sex offender evaluation or treatment services
21pursuant to this Act unless the sex offender evaluation or
22treatment services provided are by a person licensed under the
23Sex Offender Evaluation and Treatment Provider Act an
24individual approved by the Board pursuant to item (2) of
25subsection (f) of Section 15 of this Act.

 

 

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1(Source: P.A. 93-616, eff. 1-1-04.)
 
2    (20 ILCS 4026/19)
3    Sec. 19. Sex Offender Management Board Fund. All
4unobligated and unexpended moneys remaining in the Sex Offender
5Management Board Fund on the effective date of this amendatory
6Act of the 97th General Assembly shall be transferred into the
7General Professions Dedicated Fund, a special fund in the State
8treasury, to be expended for use by the Department of Financial
9and Professional Regulation for the purpose of implementing the
10provisions of the Sex Offender Evaluation and Treatment
11Provider Act with the exception of $5,000 which shall remain in
12the Fund for use by the Board.
13    (a) Any and all practices endorsed or required under this
14Act, including but not limited to evaluation, treatment, or
15monitoring of programs that are or may be developed by the
16agency providing supervision or the Department of Corrections
17shall be at the expense of the person evaluated or treated,
18based upon the person's ability to pay. If it is determined by
19the agency providing supervision or the Department of
20Corrections that the person does not have the ability to pay
21for practices endorsed or required by this Act, the agency
22providing supervision of the sex offender shall request
23reimbursement for services required under this Act for which
24the agency has provided funding. The agency providing
25supervision or the Department of Corrections shall develop

 

 

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1factors to be considered and criteria to determine a person's
2ability to pay. The Sex Offender Management Board shall
3coordinate the expenditures of moneys from the Sex Offender
4Management Board Fund. The Board shall allocate moneys
5deposited in this Fund among the agency providing supervision
6or the Department of Corrections.
7    (b) (Blank). Up to 20% of this Fund shall be retained by
8the Sex Offender Management Board for administrative costs,
9including staff, incurred pursuant to this Act.
10    (c) Monies expended for this Fund shall be used to comply
11with the provisions of this Act supplement, not replace
12offenders' self-pay, or county appropriations for probation
13and court services.
14    (d) Interest earned on monies deposited in this Fund may be
15used by the Board for its administrative costs and expenses.
16    (e) In addition to the funds provided by the sex offender,
17counties, or Departments providing treatment, the Board shall
18explore funding sources including but not limited to State,
19federal, and private funds.
20(Source: P.A. 93-616, eff. 1-1-04; 94-706, eff. 6-1-06.)
 
21    (20 ILCS 4026/20)
22    Sec. 20. Report to the General Assembly. The Board shall
23submit an annual report to the General Assembly regarding the
24training and educational programs developed and presented Upon
25completion of the duties prescribed in paragraphs (1) and (2)

 

 

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1of subsection (f) of Section 15, the Board shall make a report
2to the General Assembly regarding the standardized procedures
3developed under this Act, the standardized programs developed
4under this Act, the plans for implementation developed under
5this Act, and the plans for research and analysis developed
6under this Act.
7(Source: P.A. 90-133, eff. 7-22-97.)
 
8    Section 180. The State Finance Act is amended by changing
9Section 6z-38 as follows:
 
10    (30 ILCS 105/6z-38)
11    Sec. 6z-38. General Professions Dedicated Fund. The
12General Professions Dedicated Fund is created in the State
13treasury. Moneys in the Fund shall be invested and earnings on
14the investments shall be retained in the Fund. Moneys in the
15Fund shall be appropriated to the Department of Professional
16Regulation for the ordinary and contingent expenses of the
17Department, except for moneys transferred under Section 19 of
18the Sex Offender Management Board Act which shall be
19appropriated for the purpose of implementing the provisions of
20the Sex Offender Evaluation and Treatment Provider Act. Moneys
21in the Fund may be transferred to the Professions Indirect Cost
22Fund as authorized by Section 2105-300 of the Department of
23Professional Regulation Law (20 ILCS 2105/2105-300).
24(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    Section 185. The Sexually Dangerous Persons Act is amended
2by changing Section 8 as follows:
 
3    (725 ILCS 205/8)  (from Ch. 38, par. 105-8)
4    Sec. 8. If the respondent is found to be a sexually
5dangerous person then the court shall appoint the Director of
6Corrections guardian of the person found to be sexually
7dangerous and such person shall stand committed to the custody
8of such guardian. The Director of Corrections as guardian shall
9keep safely the person so committed until the person has
10recovered and is released as hereinafter provided. The Director
11of Corrections as guardian shall provide care and treatment for
12the person committed to him designed to effect recovery. Any
13treatment provided under this Section shall be in conformance
14with the standards promulgated by the Sex Offender Management
15Board Act and conducted by a treatment provider licensed under
16the Sex Offender Evaluation and Treatment Provider Act approved
17by the Board. The Director may place that ward in any facility
18in the Department of Corrections or portion thereof set aside
19for the care and treatment of sexually dangerous persons. The
20Department of Corrections may also request another state
21Department or Agency to examine such person and upon such
22request, such Department or Agency shall make such examination
23and the Department of Corrections may, with the consent of the
24chief executive officer of such other Department or Agency,

 

 

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1thereupon place such person in the care and treatment of such
2other Department or Agency.
3(Source: P.A. 92-786, eff. 8-6-02; 93-616, eff. 1-1-04.)
 
4    Section 190. The Sexually Violent Persons Commitment Act is
5amended by changing Sections 10, 40, 55, 60, and 65 as follows:
 
6    (725 ILCS 207/10)
7    Sec. 10. Notice to the Attorney General and State's
8Attorney.
9    (a) In this Act, "agency with jurisdiction" means the
10agency with the authority or duty to release or discharge the
11person.
12    (b) If an agency with jurisdiction has control or custody
13over a person who may meet the criteria for commitment as a
14sexually violent person, the agency with jurisdiction shall
15inform the Attorney General and the State's Attorney in a
16position to file a petition under paragraph (a)(2) of Section
1715 of this Act regarding the person as soon as possible
18beginning 3 months prior to the applicable date of the
19following:
20        (1) The anticipated release from imprisonment or the
21    anticipated entry into mandatory supervised release of a
22    person who has been convicted of a sexually violent
23    offense.
24        (2) The anticipated release from a Department of

 

 

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1    Corrections correctional facility or juvenile correctional
2    facility of a person adjudicated delinquent under Section
3    5-20 of the Juvenile Court Act of 1987 (now repealed) or
4    found guilty under Section 5-620 of that Act, on the basis
5    of a sexually violent offense.
6        (3) The discharge or conditional release of a person
7    who has been found not guilty of a sexually violent offense
8    by reason of insanity under Section 5-2-4 of the Unified
9    Code of Corrections.
10    (c) The agency with jurisdiction shall provide the Attorney
11General and the State's Attorney with all of the following:
12        (1) The person's name, identifying factors,
13    anticipated future residence and offense history;
14        (2) A comprehensive evaluation of the person's mental
15    condition, the basis upon which a determination has been
16    made that the person is subject to commitment under
17    subsection (b) of Section 15 of this Act and a
18    recommendation for action in furtherance of the purposes of
19    this Act. The evaluation shall be conducted in conformance
20    with the standards developed under the Sex Offender
21    Management Board Act and by an evaluator licensed under the
22    Sex Offender Evaluation and Treatment Provider Act
23    approved by the Board; and
24        (3) If applicable, documentation of any treatment and
25    the person's adjustment to any institutional placement.
26    (d) Any agency or officer, employee or agent of an agency

 

 

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1is immune from criminal or civil liability for any acts or
2omissions as the result of a good faith effort to comply with
3this Section.
4(Source: P.A. 93-616, eff. 1-1-04.)
 
5    (725 ILCS 207/40)
6    Sec. 40. Commitment.
7    (a) If a court or jury determines that the person who is
8the subject of a petition under Section 15 of this Act is a
9sexually violent person, the court shall order the person to be
10committed to the custody of the Department for control, care
11and treatment until such time as the person is no longer a
12sexually violent person.
13    (b) (1) The court shall enter an initial commitment order
14    under this Section pursuant to a hearing held as soon as
15    practicable after the judgment is entered that the person
16    who is the subject of a petition under Section 15 is a
17    sexually violent person. If the court lacks sufficient
18    information to make the determination required by
19    paragraph (b)(2) of this Section immediately after trial,
20    it may adjourn the hearing and order the Department to
21    conduct a predisposition investigation or a supplementary
22    mental examination, or both, to assist the court in framing
23    the commitment order. If the Department's examining
24    evaluator previously rendered an opinion that the person
25    who is the subject of a petition under Section 15 does not

 

 

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1    meet the criteria to be found a sexually violent person,
2    then another evaluator shall conduct the predisposition
3    investigation and/or supplementary mental examination. A
4    supplementary mental examination under this Section shall
5    be conducted in accordance with Section 3-804 of the Mental
6    Health and Developmental Disabilities Code. The State has
7    the right to have the person evaluated by experts chosen by
8    the State.
9        (2) An order for commitment under this Section shall
10    specify either institutional care in a secure facility, as
11    provided under Section 50 of this Act, or conditional
12    release. In determining whether commitment shall be for
13    institutional care in a secure facility or for conditional
14    release, the court shall consider the nature and
15    circumstances of the behavior that was the basis of the
16    allegation in the petition under paragraph (b)(1) of
17    Section 15, the person's mental history and present mental
18    condition, and what arrangements are available to ensure
19    that the person has access to and will participate in
20    necessary treatment. All treatment, whether in
21    institutional care, in a secure facility, or while on
22    conditional release, shall be conducted in conformance
23    with the standards developed under the Sex Offender
24    Management Board Act and conducted by a treatment provider
25    licensed under the Sex Offender Evaluation and Treatment
26    Provider Act approved by the Board. The Department shall

 

 

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1    arrange for control, care and treatment of the person in
2    the least restrictive manner consistent with the
3    requirements of the person and in accordance with the
4    court's commitment order.
5        (3) If the court finds that the person is appropriate
6    for conditional release, the court shall notify the
7    Department. The Department shall prepare a plan that
8    identifies the treatment and services, if any, that the
9    person will receive in the community. The plan shall
10    address the person's need, if any, for supervision,
11    counseling, medication, community support services,
12    residential services, vocational services, and alcohol or
13    other drug abuse treatment. The Department may contract
14    with a county health department, with another public agency
15    or with a private agency to provide the treatment and
16    services identified in the plan. The plan shall specify who
17    will be responsible for providing the treatment and
18    services identified in the plan. The plan shall be
19    presented to the court for its approval within 60 days
20    after the court finding that the person is appropriate for
21    conditional release, unless the Department and the person
22    to be released request additional time to develop the plan.
23    The conditional release program operated under this
24    Section is not subject to the provisions of the Mental
25    Health and Developmental Disabilities Confidentiality Act.
26        (4) An order for conditional release places the person

 

 

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1    in the custody and control of the Department. A person on
2    conditional release is subject to the conditions set by the
3    court and to the rules of the Department. Before a person
4    is placed on conditional release by the court under this
5    Section, the court shall so notify the municipal police
6    department and county sheriff for the municipality and
7    county in which the person will be residing. The
8    notification requirement under this Section does not apply
9    if a municipal police department or county sheriff submits
10    to the court a written statement waiving the right to be
11    notified. Notwithstanding any other provision in the Act,
12    the person being supervised on conditional release shall
13    not reside at the same street address as another sex
14    offender being supervised on conditional release under
15    this Act, mandatory supervised release, parole, probation,
16    or any other manner of supervision. If the Department
17    alleges that a released person has violated any condition
18    or rule, or that the safety of others requires that
19    conditional release be revoked, he or she may be taken into
20    custody under the rules of the Department.
21        At any time during which the person is on conditional
22    release, if the Department determines that the person has
23    violated any condition or rule, or that the safety of
24    others requires that conditional release be revoked, the
25    Department may request the Attorney General or State's
26    Attorney to request the court to issue an emergency ex

 

 

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1    parte order directing any law enforcement officer to take
2    the person into custody and transport the person to the
3    county jail. The Department may request, or the Attorney
4    General or State's Attorney may request independently of
5    the Department, that a petition to revoke conditional
6    release be filed. When a petition is filed, the court may
7    order the Department to issue a notice to the person to be
8    present at the Department or other agency designated by the
9    court, order a summons to the person to be present, or
10    order a body attachment for all law enforcement officers to
11    take the person into custody and transport him or her to
12    the county jail, hospital, or treatment facility. The
13    Department shall submit a statement showing probable cause
14    of the detention and a petition to revoke the order for
15    conditional release to the committing court within 48 hours
16    after the detention. The court shall hear the petition
17    within 30 days, unless the hearing or time deadline is
18    waived by the detained person. Pending the revocation
19    hearing, the Department may detain the person in a jail, in
20    a hospital or treatment facility. The State has the burden
21    of proving by clear and convincing evidence that any rule
22    or condition of release has been violated, or that the
23    safety of others requires that the conditional release be
24    revoked. If the court determines after hearing that any
25    rule or condition of release has been violated, or that the
26    safety of others requires that conditional release be

 

 

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1    revoked, it may revoke the order for conditional release
2    and order that the released person be placed in an
3    appropriate institution until the person is discharged
4    from the commitment under Section 65 of this Act or until
5    again placed on conditional release under Section 60 of
6    this Act.
7        (5) An order for conditional release places the person
8    in the custody, care, and control of the Department. The
9    court shall order the person be subject to the following
10    rules of conditional release, in addition to any other
11    conditions ordered, and the person shall be given a
12    certificate setting forth the conditions of conditional
13    release. These conditions shall be that the person:
14            (A) not violate any criminal statute of any
15        jurisdiction;
16            (B) report to or appear in person before such
17        person or agency as directed by the court and the
18        Department;
19            (C) refrain from possession of a firearm or other
20        dangerous weapon;
21            (D) not leave the State without the consent of the
22        court or, in circumstances in which the reason for the
23        absence is of such an emergency nature, that prior
24        consent by the court is not possible without the prior
25        notification and approval of the Department;
26            (E) at the direction of the Department, notify

 

 

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1        third parties of the risks that may be occasioned by
2        his or her criminal record or sexual offending history
3        or characteristics, and permit the supervising officer
4        or agent to make the notification requirement;
5            (F) attend and fully participate in assessment,
6        treatment, and behavior monitoring including, but not
7        limited to, medical, psychological or psychiatric
8        treatment specific to sexual offending, drug
9        addiction, or alcoholism, to the extent appropriate to
10        the person based upon the recommendation and findings
11        made in the Department evaluation or based upon any
12        subsequent recommendations by the Department;
13            (G) waive confidentiality allowing the court and
14        Department access to assessment or treatment results
15        or both;
16            (H) work regularly at a Department approved
17        occupation or pursue a course of study or vocational
18        training and notify the Department within 72 hours of
19        any change in employment, study, or training;
20            (I) not be employed or participate in any volunteer
21        activity that involves contact with children, except
22        under circumstances approved in advance and in writing
23        by the Department officer;
24            (J) submit to the search of his or her person,
25        residence, vehicle, or any personal or real property
26        under his or her control at any time by the Department;

 

 

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1            (K) financially support his or her dependents and
2        provide the Department access to any requested
3        financial information;
4            (L) serve a term of home confinement, the
5        conditions of which shall be that the person:
6                (i) remain within the interior premises of the
7            place designated for his or her confinement during
8            the hours designated by the Department;
9                (ii) admit any person or agent designated by
10            the Department into the offender's place of
11            confinement at any time for purposes of verifying
12            the person's compliance with the condition of his
13            or her confinement;
14                (iii) if deemed necessary by the Department,
15            be placed on an electronic monitoring device;
16            (M) comply with the terms and conditions of an
17        order of protection issued by the court pursuant to the
18        Illinois Domestic Violence Act of 1986. A copy of the
19        order of protection shall be transmitted to the
20        Department by the clerk of the court;
21            (N) refrain from entering into a designated
22        geographic area except upon terms the Department finds
23        appropriate. The terms may include consideration of
24        the purpose of the entry, the time of day, others
25        accompanying the person, and advance approval by the
26        Department;

 

 

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1            (O) refrain from having any contact, including
2        written or oral communications, directly or
3        indirectly, with certain specified persons including,
4        but not limited to, the victim or the victim's family,
5        and report any incidental contact with the victim or
6        the victim's family to the Department within 72 hours;
7        refrain from entering onto the premises of, traveling
8        past, or loitering near the victim's residence, place
9        of employment, or other places frequented by the
10        victim;
11            (P) refrain from having any contact, including
12        written or oral communications, directly or
13        indirectly, with particular types of persons,
14        including but not limited to members of street gangs,
15        drug users, drug dealers, or prostitutes;
16            (Q) refrain from all contact, direct or indirect,
17        personally, by telephone, letter, or through another
18        person, with minor children without prior
19        identification and approval of the Department;
20            (R) refrain from having in his or her body the
21        presence of alcohol or any illicit drug prohibited by
22        the Cannabis Control Act, the Illinois Controlled
23        Substances Act, or the Methamphetamine Control and
24        Community Protection Act, unless prescribed by a
25        physician, and submit samples of his or her breath,
26        saliva, blood, or urine for tests to determine the

 

 

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1        presence of alcohol or any illicit drug;
2            (S) not establish a dating, intimate, or sexual
3        relationship with a person without prior written
4        notification to the Department;
5            (T) neither possess or have under his or her
6        control any material that is pornographic, sexually
7        oriented, or sexually stimulating, or that depicts or
8        alludes to sexual activity or depicts minors under the
9        age of 18, including but not limited to visual,
10        auditory, telephonic, electronic media, or any matter
11        obtained through access to any computer or material
12        linked to computer access use;
13            (U) not patronize any business providing sexually
14        stimulating or sexually oriented entertainment nor
15        utilize "900" or adult telephone numbers or any other
16        sex-related telephone numbers;
17            (V) not reside near, visit, or be in or about
18        parks, schools, day care centers, swimming pools,
19        beaches, theaters, or any other places where minor
20        children congregate without advance approval of the
21        Department and report any incidental contact with
22        minor children to the Department within 72 hours;
23            (W) not establish any living arrangement or
24        residence without prior approval of the Department;
25            (X) not publish any materials or print any
26        advertisements without providing a copy of the

 

 

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1        proposed publications to the Department officer and
2        obtaining permission prior to publication;
3            (Y) not leave the county except with prior
4        permission of the Department and provide the
5        Department officer or agent with written travel routes
6        to and from work and any other designated destinations;
7            (Z) not possess or have under his or her control
8        certain specified items of contraband related to the
9        incidence of sexually offending items including video
10        or still camera items or children's toys;
11            (AA) provide a written daily log of activities as
12        directed by the Department;
13            (BB) comply with all other special conditions that
14        the Department may impose that restrict the person from
15        high-risk situations and limit access or potential
16        victims.
17        (6) A person placed on conditional release and who
18    during the term undergoes mandatory drug or alcohol testing
19    or is assigned to be placed on an approved electronic
20    monitoring device may be ordered to pay all costs
21    incidental to the mandatory drug or alcohol testing and all
22    costs incidental to the approved electronic monitoring in
23    accordance with the person's ability to pay those costs.
24    The Department may establish reasonable fees for the cost
25    of maintenance, testing, and incidental expenses related
26    to the mandatory drug or alcohol testing and all costs

 

 

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1    incidental to approved electronic monitoring.
2(Source: P.A. 96-1128, eff. 1-1-11.)
 
3    (725 ILCS 207/55)
4    Sec. 55. Periodic reexamination; report.
5    (a) If a person has been committed under Section 40 of this
6Act and has not been discharged under Section 65 of this Act,
7the Department shall submit a written report to the court on
8his or her mental condition within 6 months after an initial
9commitment under Section 40 and then at least once every 12
10months thereafter for the purpose of determining whether the
11person has made sufficient progress to be conditionally
12released or discharged. At the time of a reexamination under
13this Section, the person who has been committed may retain or,
14if he or she is indigent and so requests, the court may appoint
15a qualified expert or a professional person to examine him or
16her.
17    (b) Any examiner conducting an examination under this
18Section shall prepare a written report of the examination no
19later than 30 days after the date of the examination. The
20examiner shall place a copy of the report in the person's
21health care records and shall provide a copy of the report to
22the court that committed the person under Section 40. The
23examination shall be conducted in conformance with the
24standards developed under the Sex Offender Management Board Act
25and by an evaluator licensed under the Sex Offender Evaluation

 

 

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1and Treatment Provider Act approved by the Board.
2    (c) Notwithstanding subsection (a) of this Section, the
3court that committed a person under Section 40 may order a
4reexamination of the person at any time during the period in
5which the person is subject to the commitment order. Any
6examiner conducting an examination under this Section shall
7prepare a written report of the examination no later than 30
8days after the date of the examination.
9    (d) Petitions for discharge after reexamination must
10follow the procedure outlined in Section 65 of this Act.
11(Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
 
12    (725 ILCS 207/60)
13    Sec. 60. Petition for conditional release.
14    (a) Any person who is committed for institutional care in a
15secure facility or other facility under Section 40 of this Act
16may petition the committing court to modify its order by
17authorizing conditional release if at least 6 months have
18elapsed since the initial commitment order was entered, an
19order continuing commitment was entered pursuant to Section 65,
20the most recent release petition was denied or the most recent
21order for conditional release was revoked. The director of the
22facility at which the person is placed may file a petition
23under this Section on the person's behalf at any time. If the
24evaluator on behalf of the Department recommends that the
25committed person is appropriate for conditional release, then

 

 

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1the director or designee shall, within 30 days of receipt of
2the evaluator's report, file with the committing court notice
3of his or her intention whether or not to petition for
4conditional release on the committed person's behalf.
5    (b) If the person files a timely petition without counsel,
6the court shall serve a copy of the petition on the Attorney
7General or State's Attorney, whichever is applicable and,
8subject to paragraph (c)(1) of Section 25 of this Act, appoint
9counsel. If the person petitions through counsel, his or her
10attorney shall serve the Attorney General or State's Attorney,
11whichever is applicable.
12    (c) Within 20 days after receipt of the petition, upon the
13request of the committed person or on the court's own motion,
14the court may appoint an examiner having the specialized
15knowledge determined by the court to be appropriate, who shall
16examine the mental condition of the person and furnish a
17written report of the examination to the court within 30 days
18after appointment. The examiners shall have reasonable access
19to the person for purposes of examination and to the person's
20past and present treatment records and patient health care
21records. If any such examiner believes that the person is
22appropriate for conditional release, the examiner shall report
23on the type of treatment and services that the person may need
24while in the community on conditional release. The State has
25the right to have the person evaluated by experts chosen by the
26State. Any examination or evaluation conducted under this

 

 

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1Section shall be in conformance with the standards developed
2under the Sex Offender Management Board Act and conducted by an
3evaluator licensed under the Sex Offender Evaluation and
4Treatment Provider Act approved by the Board. The court shall
5set a probable cause hearing as soon as practical after the
6examiners' reports are filed. The probable cause hearing shall
7consist of a review of the examining evaluators' reports and
8arguments on behalf of the parties. If the court determines at
9the probable cause hearing that cause exists to believe that it
10is not substantially probable that the person will engage in
11acts of sexual violence if on release or conditional release,
12the court shall set a hearing on the issue.
13    (d) The court, without a jury, shall hear the petition as
14soon as practical after the reports of all examiners are filed
15with the court. The court shall grant the petition unless the
16State proves by clear and convincing evidence that the person
17has not made sufficient progress to be conditionally released.
18In making a decision under this subsection, the court must
19consider the nature and circumstances of the behavior that was
20the basis of the allegation in the petition under paragraph
21(b)(1) of Section 15 of this Act, the person's mental history
22and present mental condition, and what arrangements are
23available to ensure that the person has access to and will
24participate in necessary treatment.
25    (e) Before the court may enter an order directing
26conditional release to a less restrictive alternative it must

 

 

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1find the following: (1) the person will be treated by a
2Department approved treatment provider, (2) the treatment
3provider has presented a specific course of treatment and has
4agreed to assume responsibility for the treatment and will
5report progress to the Department on a regular basis, and will
6report violations immediately to the Department, consistent
7with treatment and supervision needs of the respondent, (3)
8housing exists that is sufficiently secure to protect the
9community, and the person or agency providing housing to the
10conditionally released person has agreed in writing to accept
11the person, to provide the level of security required by the
12court, and immediately to report to the Department if the
13person leaves the housing to which he or she has been assigned
14without authorization, (4) the person is willing to or has
15agreed to comply with the treatment provider, the Department,
16and the court, and (5) the person has agreed or is willing to
17agree to comply with the behavioral monitoring requirements
18imposed by the court and the Department.
19    (f) If the court finds that the person is appropriate for
20conditional release, the court shall notify the Department. The
21Department shall prepare a plan that identifies the treatment
22and services, if any, that the person will receive in the
23community. The plan shall address the person's need, if any,
24for supervision, counseling, medication, community support
25services, residential services, vocational services, and
26alcohol or other drug abuse treatment. The Department may

 

 

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1contract with a county health department, with another public
2agency or with a private agency to provide the treatment and
3services identified in the plan. The plan shall specify who
4will be responsible for providing the treatment and services
5identified in the plan. The plan shall be presented to the
6court for its approval within 60 days after the court finding
7that the person is appropriate for conditional release, unless
8the Department and the person to be released request additional
9time to develop the plan.
10    (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
11of Section 40 of this Act apply to an order for conditional
12release issued under this Section.
13(Source: P.A. 96-1128, eff. 1-1-11.)
 
14    (725 ILCS 207/65)
15    Sec. 65. Petition for discharge; procedure.
16    (a)(1) If the Secretary determines at any time that a
17person committed under this Act is no longer a sexually violent
18person, the Secretary shall authorize the person to petition
19the committing court for discharge. If the evaluator on behalf
20of the Department recommends that the committed person is no
21longer a sexually violent person, then the Secretary or
22designee shall, within 30 days of receipt of the evaluator's
23report, file with the committing court notice of his or her
24determination whether or not to authorize the committed person
25to petition the committing court for discharge. The person

 

 

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1shall file the petition with the court and serve a copy upon
2the Attorney General or the State's Attorney's office that
3filed the petition under subsection (a) of Section 15 of this
4Act, whichever is applicable. The court, upon receipt of the
5petition for discharge, shall order a hearing to be held as
6soon as practical after the date of receipt of the petition.
7    (2) At a hearing under this subsection, the Attorney
8General or State's Attorney, whichever filed the original
9petition, shall represent the State and shall have the right to
10have the petitioner examined by an expert or professional
11person of his or her choice. The examination shall be conducted
12in conformance with the standards developed under the Sex
13Offender Management Board Act and by an evaluator licensed
14under the Sex Offender Evaluation and Treatment Provider Act
15approved by the Board. The committed person or the State may
16elect to have the hearing before a jury. The State has the
17burden of proving by clear and convincing evidence that the
18petitioner is still a sexually violent person.
19    (3) If the court or jury is satisfied that the State has
20not met its burden of proof under paragraph (a)(2) of this
21Section, the petitioner shall be discharged from the custody or
22supervision of the Department. If the court is satisfied that
23the State has met its burden of proof under paragraph (a)(2),
24the court may proceed under Section 40 of this Act to determine
25whether to modify the petitioner's existing commitment order.
26    (b)(1) A person may petition the committing court for

 

 

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1discharge from custody or supervision without the Secretary's
2approval. At the time of an examination under subsection (a) of
3Section 55 of this Act, the Secretary shall provide the
4committed person with a written notice of the person's right to
5petition the court for discharge over the Secretary's
6objection. The notice shall contain a waiver of rights. The
7Secretary shall forward the notice and waiver form to the court
8with the report of the Department's examination under Section
955 of this Act. If the person does not affirmatively waive the
10right to petition, the court shall set a probable cause hearing
11to determine whether facts exist that warrant a hearing on
12whether the person is still a sexually violent person. If a
13person does not file a petition for discharge, yet fails to
14waive the right to petition under this Section, then the
15probable cause hearing consists only of a review of the
16reexamination reports and arguments on behalf of the parties.
17The committed person has a right to have an attorney represent
18him or her at the probable cause hearing, but the person is not
19entitled to be present at the probable cause hearing. The
20probable cause hearing under this Section must be held as soon
21as practical after the filing of the reexamination report under
22Section 55 of this Act.
23    (2) If the court determines at the probable cause hearing
24under paragraph (b)(1) of this Section that probable cause
25exists to believe that the committed person is no longer a
26sexually violent person, then the court shall set a hearing on

 

 

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1the issue. At a hearing under this Section, the committed
2person is entitled to be present and to the benefit of the
3protections afforded to the person under Section 25 of this
4Act. The committed person or the State may elect to have a
5hearing under this Section before a jury. A verdict of a jury
6under this Section is not valid unless it is unanimous. The
7Attorney General or State's Attorney, whichever filed the
8original petition, shall represent the State at a hearing under
9this Section. The State has the right to have the committed
10person evaluated by experts chosen by the State. The
11examination shall be conducted in conformance with the
12standards developed under the Sex Offender Management Board Act
13and by an evaluator licensed under the Sex Offender Evaluation
14and Treatment Provider Act approved by the Board. At the
15hearing, the State has the burden of proving by clear and
16convincing evidence that the committed person is still a
17sexually violent person.
18    (3) If the court or jury is satisfied that the State has
19not met its burden of proof under paragraph (b)(2) of this
20Section, the person shall be discharged from the custody or
21supervision of the Department. If the court or jury is
22satisfied that the State has met its burden of proof under
23paragraph (b)(2) of this Section, the court may proceed under
24Section 40 of this Act to determine whether to modify the
25person's existing commitment order.
26(Source: P.A. 96-1128, eff. 1-1-11.)
 

 

 

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1    Section 195. The Sex Offender Registration Act is amended
2by changing Sections 2, 3, and 3-5 as follows:
 
3    (730 ILCS 150/2)  (from Ch. 38, par. 222)
4    Sec. 2. Definitions.
5    (A) As used in this Article, "sex offender" means any
6person who is:
7        (1) charged pursuant to Illinois law, or any
8    substantially similar federal, Uniform Code of Military
9    Justice, sister state, or foreign country law, with a sex
10    offense set forth in subsection (B) of this Section or the
11    attempt to commit an included sex offense, and:
12            (a) is convicted of such offense or an attempt to
13        commit such offense; or
14            (b) is found not guilty by reason of insanity of
15        such offense or an attempt to commit such offense; or
16            (c) is found not guilty by reason of insanity
17        pursuant to Section 104-25(c) of the Code of Criminal
18        Procedure of 1963 of such offense or an attempt to
19        commit such offense; or
20            (d) is the subject of a finding not resulting in an
21        acquittal at a hearing conducted pursuant to Section
22        104-25(a) of the Code of Criminal Procedure of 1963 for
23        the alleged commission or attempted commission of such
24        offense; or

 

 

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1            (e) is found not guilty by reason of insanity
2        following a hearing conducted pursuant to a federal,
3        Uniform Code of Military Justice, sister state, or
4        foreign country law substantially similar to Section
5        104-25(c) of the Code of Criminal Procedure of 1963 of
6        such offense or of the attempted commission of such
7        offense; or
8            (f) is the subject of a finding not resulting in an
9        acquittal at a hearing conducted pursuant to a federal,
10        Uniform Code of Military Justice, sister state, or
11        foreign country law substantially similar to Section
12        104-25(a) of the Code of Criminal Procedure of 1963 for
13        the alleged violation or attempted commission of such
14        offense; or
15        (2) declared certified as a sexually dangerous person
16    pursuant to the Illinois Sexually Dangerous Persons Act, or
17    any substantially similar federal, Uniform Code of
18    Military Justice, sister state, or foreign country law; or
19        (3) subject to the provisions of Section 2 of the
20    Interstate Agreements on Sexually Dangerous Persons Act;
21    or
22        (4) found to be a sexually violent person pursuant to
23    the Sexually Violent Persons Commitment Act or any
24    substantially similar federal, Uniform Code of Military
25    Justice, sister state, or foreign country law; or
26        (5) adjudicated a juvenile delinquent as the result of

 

 

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1    committing or attempting to commit an act which, if
2    committed by an adult, would constitute any of the offenses
3    specified in item (B), (C), or (C-5) of this Section or a
4    violation of any substantially similar federal, Uniform
5    Code of Military Justice, sister state, or foreign country
6    law, or found guilty under Article V of the Juvenile Court
7    Act of 1987 of committing or attempting to commit an act
8    which, if committed by an adult, would constitute any of
9    the offenses specified in item (B), (C), or (C-5) of this
10    Section or a violation of any substantially similar
11    federal, Uniform Code of Military Justice, sister state, or
12    foreign country law.
13    Convictions that result from or are connected with the same
14act, or result from offenses committed at the same time, shall
15be counted for the purpose of this Article as one conviction.
16Any conviction set aside pursuant to law is not a conviction
17for purposes of this Article.
18     For purposes of this Section, "convicted" shall have the
19same meaning as "adjudicated".
20    (B) As used in this Article, "sex offense" means:
21        (1) A violation of any of the following Sections of the
22    Criminal Code of 1961:
23            11-20.1 (child pornography),
24            11-20.1B or 11-20.3 (aggravated child
25        pornography),
26            11-6 (indecent solicitation of a child),

 

 

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1            11-9.1 (sexual exploitation of a child),
2            11-9.2 (custodial sexual misconduct),
3            11-9.5 (sexual misconduct with a person with a
4        disability),
5            11-14.4 (promoting juvenile prostitution),
6            11-15.1 (soliciting for a juvenile prostitute),
7            11-18.1 (patronizing a juvenile prostitute),
8            11-17.1 (keeping a place of juvenile
9        prostitution),
10            11-19.1 (juvenile pimping),
11            11-19.2 (exploitation of a child),
12            11-25 (grooming),
13            11-26 (traveling to meet a minor),
14            11-1.20 or 12-13 (criminal sexual assault),
15            11-1.30 or 12-14 (aggravated criminal sexual
16        assault),
17            11-1.40 or 12-14.1 (predatory criminal sexual
18        assault of a child),
19            11-1.50 or 12-15 (criminal sexual abuse),
20            11-1.60 or 12-16 (aggravated criminal sexual
21        abuse),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (1.5) A violation of any of the following Sections of
25    the Criminal Code of 1961, when the victim is a person
26    under 18 years of age, the defendant is not a parent of the

 

 

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1    victim, the offense was sexually motivated as defined in
2    Section 10 of the Sex Offender Evaluation and Treatment Act
3    Sex Offender Management Board Act, and the offense was
4    committed on or after January 1, 1996:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9        If the offense was committed before January 1, 1996, it
10    is a sex offense requiring registration only when the
11    person is convicted of any felony after July 1, 2011, and
12    paragraph (2.1) of subsection (c) of Section 3 of this Act
13    applies.
14        (1.6) First degree murder under Section 9-1 of the
15    Criminal Code of 1961, provided the offense was sexually
16    motivated as defined in Section 10 of the Sex Offender
17    Management Board Act.
18        (1.7) (Blank).
19        (1.8) A violation or attempted violation of Section
20    11-11 (sexual relations within families) of the Criminal
21    Code of 1961, and the offense was committed on or after
22    June 1, 1997. If the offense was committed before June 1,
23    1997, it is a sex offense requiring registration only when
24    the person is convicted of any felony after July 1, 2011,
25    and paragraph (2.1) of subsection (c) of Section 3 of this
26    Act applies.

 

 

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1        (1.9) Child abduction under paragraph (10) of
2    subsection (b) of Section 10-5 of the Criminal Code of 1961
3    committed by luring or attempting to lure a child under the
4    age of 16 into a motor vehicle, building, house trailer, or
5    dwelling place without the consent of the parent or lawful
6    custodian of the child for other than a lawful purpose and
7    the offense was committed on or after January 1, 1998,
8    provided the offense was sexually motivated as defined in
9    Section 10 of the Sex Offender Management Board Act. If the
10    offense was committed before January 1, 1998, it is a sex
11    offense requiring registration only when the person is
12    convicted of any felony after July 1, 2011, and paragraph
13    (2.1) of subsection (c) of Section 3 of this Act applies.
14        (1.10) A violation or attempted violation of any of the
15    following Sections of the Criminal Code of 1961 when the
16    offense was committed on or after July 1, 1999:
17            10-4 (forcible detention, if the victim is under 18
18        years of age), provided the offense was sexually
19        motivated as defined in Section 10 of the Sex Offender
20        Management Board Act,
21            11-6.5 (indecent solicitation of an adult),
22            11-14.3 that involves soliciting for a prostitute,
23        or 11-15 (soliciting for a prostitute, if the victim is
24        under 18 years of age),
25            subdivision (a)(2)(A) or (a)(2)(B) of Section
26        11-14.3, or Section 11-16 (pandering, if the victim is

 

 

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1        under 18 years of age),
2            11-18 (patronizing a prostitute, if the victim is
3        under 18 years of age),
4            subdivision (a)(2)(C) of Section 11-14.3, or
5        Section 11-19 (pimping, if the victim is under 18 years
6        of age).
7        If the offense was committed before July 1, 1999, it is
8    a sex offense requiring registration only when the person
9    is convicted of any felony after July 1, 2011, and
10    paragraph (2.1) of subsection (c) of Section 3 of this Act
11    applies.
12        (1.11) A violation or attempted violation of any of the
13    following Sections of the Criminal Code of 1961 when the
14    offense was committed on or after August 22, 2002:
15            11-9 or 11-30 (public indecency for a third or
16        subsequent conviction).
17        If the third or subsequent conviction was imposed
18    before August 22, 2002, it is a sex offense requiring
19    registration only when the person is convicted of any
20    felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (1.12) A violation or attempted violation of Section
23    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
24    Criminal Code of 1961 (permitting sexual abuse) when the
25    offense was committed on or after August 22, 2002. If the
26    offense was committed before August 22, 2002, it is a sex

 

 

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1    offense requiring registration only when the person is
2    convicted of any felony after July 1, 2011, and paragraph
3    (2.1) of subsection (c) of Section 3 of this Act applies.
4        (2) A violation of any former law of this State
5    substantially equivalent to any offense listed in
6    subsection (B) of this Section.
7    (C) A conviction for an offense of federal law, Uniform
8Code of Military Justice, or the law of another state or a
9foreign country that is substantially equivalent to any offense
10listed in subsections (B), (C), (E), and (E-5) of this Section
11shall constitute a conviction for the purpose of this Article.
12A finding or adjudication as a sexually dangerous person or a
13sexually violent person under any federal law, Uniform Code of
14Military Justice, or the law of another state or foreign
15country that is substantially equivalent to the Sexually
16Dangerous Persons Act or the Sexually Violent Persons
17Commitment Act shall constitute an adjudication for the
18purposes of this Article.
19    (C-5) A person at least 17 years of age at the time of the
20commission of the offense who is convicted of first degree
21murder under Section 9-1 of the Criminal Code of 1961, against
22a person under 18 years of age, shall be required to register
23for natural life. A conviction for an offense of federal,
24Uniform Code of Military Justice, sister state, or foreign
25country law that is substantially equivalent to any offense
26listed in subsection (C-5) of this Section shall constitute a

 

 

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1conviction for the purpose of this Article. This subsection
2(C-5) applies to a person who committed the offense before June
31, 1996 if: (i) the person is incarcerated in an Illinois
4Department of Corrections facility on August 20, 2004 (the
5effective date of Public Act 93-977), or (ii) subparagraph (i)
6does not apply and the person is convicted of any felony after
7July 1, 2011, and paragraph (2.1) of subsection (c) of Section
83 of this Act applies.
9    (C-6) A person who is convicted or adjudicated delinquent
10of first degree murder as defined in Section 9-1 of the
11Criminal Code of 1961, against a person 18 years of age or
12over, shall be required to register for his or her natural
13life. A conviction for an offense of federal, Uniform Code of
14Military Justice, sister state, or foreign country law that is
15substantially equivalent to any offense listed in subsection
16(C-6) of this Section shall constitute a conviction for the
17purpose of this Article. This subsection (C-6) does not apply
18to those individuals released from incarceration more than 10
19years prior to January 1, 2012 (the effective date of Public
20Act 97-154) this amendatory Act of the 97th General Assembly.
21    (D) As used in this Article, "law enforcement agency having
22jurisdiction" means the Chief of Police in each of the
23municipalities in which the sex offender expects to reside,
24work, or attend school (1) upon his or her discharge, parole or
25release or (2) during the service of his or her sentence of
26probation or conditional discharge, or the Sheriff of the

 

 

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1county, in the event no Police Chief exists or if the offender
2intends to reside, work, or attend school in an unincorporated
3area. "Law enforcement agency having jurisdiction" includes
4the location where out-of-state students attend school and
5where out-of-state employees are employed or are otherwise
6required to register.
7    (D-1) As used in this Article, "supervising officer" means
8the assigned Illinois Department of Corrections parole agent or
9county probation officer.
10    (E) As used in this Article, "sexual predator" means any
11person who, after July 1, 1999, is:
12        (1) Convicted for an offense of federal, Uniform Code
13    of Military Justice, sister state, or foreign country law
14    that is substantially equivalent to any offense listed in
15    subsection (E) or (E-5) of this Section shall constitute a
16    conviction for the purpose of this Article. Convicted of a
17    violation or attempted violation of any of the following
18    Sections of the Criminal Code of 1961:
19            11-14.4 that involves keeping a place of juvenile
20        prostitution, or 11-17.1 (keeping a place of juvenile
21        prostitution),
22            subdivision (a)(2) or (a)(3) of Section 11-14.4,
23        or Section 11-19.1 (juvenile pimping),
24            subdivision (a)(4) of Section 11-14.4, or Section
25        11-19.2 (exploitation of a child),
26            11-20.1 (child pornography),

 

 

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1            11-20.1B or 11-20.3 (aggravated child
2        pornography),
3            11-1.20 or 12-13 (criminal sexual assault),
4            11-1.30 or 12-14 (aggravated criminal sexual
5        assault),
6            11-1.40 or 12-14.1 (predatory criminal sexual
7        assault of a child),
8            11-1.60 or 12-16 (aggravated criminal sexual
9        abuse),
10            12-33 (ritualized abuse of a child);
11        (2) (blank);
12        (3) declared certified as a sexually dangerous person
13    pursuant to the Sexually Dangerous Persons Act or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law;
16        (4) found to be a sexually violent person pursuant to
17    the Sexually Violent Persons Commitment Act or any
18    substantially similar federal, Uniform Code of Military
19    Justice, sister state, or foreign country law;
20        (5) convicted of a second or subsequent offense which
21    requires registration pursuant to this Act. For purposes of
22    this paragraph (5), "convicted" shall include a conviction
23    under any substantially similar Illinois, federal, Uniform
24    Code of Military Justice, sister state, or foreign country
25    law;
26        (6) convicted of a second or subsequent offense of

 

 

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1    luring a minor under Section 10-5.1 of the Criminal Code of
2    1961; or
3        (7) if the person was convicted of an offense set forth
4    in this subsection (E) on or before July 1, 1999, the
5    person is a sexual predator for whom registration is
6    required only when the person is convicted of a felony
7    offense after July 1, 2011, and paragraph (2.1) of
8    subsection (c) of Section 3 of this Act applies.
9    (E-5) As used in this Article, "sexual predator" also means
10a person convicted of a violation or attempted violation of any
11of the following Sections of the Criminal Code of 1961:
12        (1) Section 9-1 (first degree murder, when the victim
13    was a person under 18 years of age and the defendant was at
14    least 17 years of age at the time of the commission of the
15    offense, provided the offense was sexually motivated as
16    defined in Section 10 of the Sex Offender Management Board
17    Act);
18        (2) Section 11-9.5 (sexual misconduct with a person
19    with a disability);
20        (3) when the victim is a person under 18 years of age,
21    the defendant is not a parent of the victim, the offense
22    was sexually motivated as defined in Section 10 of the Sex
23    Offender Management Board Act, and the offense was
24    committed on or after January 1, 1996: (A) Section 10-1
25    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
26    (C) Section 10-3 (unlawful restraint), and (D) Section

 

 

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1    10-3.1 (aggravated unlawful restraint); and
2        (4) Section 10-5(b)(10) (child abduction committed by
3    luring or attempting to lure a child under the age of 16
4    into a motor vehicle, building, house trailer, or dwelling
5    place without the consent of the parent or lawful custodian
6    of the child for other than a lawful purpose and the
7    offense was committed on or after January 1, 1998, provided
8    the offense was sexually motivated as defined in Section 10
9    of the Sex Offender Management Board Act).
10    (E-10) As used in this Article, "sexual predator" also
11means a person required to register in another State due to a
12conviction, adjudication or other action of any court
13triggering an obligation to register as a sex offender, sexual
14predator, or substantially similar status under the laws of
15that State.
16    (F) As used in this Article, "out-of-state student" means
17any sex offender, as defined in this Section, or sexual
18predator who is enrolled in Illinois, on a full-time or
19part-time basis, in any public or private educational
20institution, including, but not limited to, any secondary
21school, trade or professional institution, or institution of
22higher learning.
23    (G) As used in this Article, "out-of-state employee" means
24any sex offender, as defined in this Section, or sexual
25predator who works in Illinois, regardless of whether the
26individual receives payment for services performed, for a

 

 

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1period of time of 10 or more days or for an aggregate period of
2time of 30 or more days during any calendar year. Persons who
3operate motor vehicles in the State accrue one day of
4employment time for any portion of a day spent in Illinois.
5    (H) As used in this Article, "school" means any public or
6private educational institution, including, but not limited
7to, any elementary or secondary school, trade or professional
8institution, or institution of higher education.
9    (I) As used in this Article, "fixed residence" means any
10and all places that a sex offender resides for an aggregate
11period of time of 5 or more days in a calendar year.
12    (J) As used in this Article, "Internet protocol address"
13means the string of numbers by which a location on the Internet
14is identified by routers or other computers connected to the
15Internet.
16(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
1796-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
18revised 9-27-11.)
 
19    (730 ILCS 150/3)
20    Sec. 3. Duty to register.
21    (a) A sex offender, as defined in Section 2 of this Act, or
22sexual predator shall, within the time period prescribed in
23subsections (b) and (c), register in person and provide
24accurate information as required by the Department of State
25Police. Such information shall include a current photograph,

 

 

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1current address, current place of employment, the sex
2offender's or sexual predator's telephone number, including
3cellular telephone number, the employer's telephone number,
4school attended, all e-mail addresses, instant messaging
5identities, chat room identities, and other Internet
6communications identities that the sex offender uses or plans
7to use, all Uniform Resource Locators (URLs) registered or used
8by the sex offender, all blogs and other Internet sites
9maintained by the sex offender or to which the sex offender has
10uploaded any content or posted any messages or information,
11extensions of the time period for registering as provided in
12this Article and, if an extension was granted, the reason why
13the extension was granted and the date the sex offender was
14notified of the extension. The information shall also include a
15copy of the terms and conditions of parole or release signed by
16the sex offender and given to the sex offender by his or her
17supervising officer, the county of conviction, license plate
18numbers for every vehicle registered in the name of the sex
19offender, the age of the sex offender at the time of the
20commission of the offense, the age of the victim at the time of
21the commission of the offense, and any distinguishing marks
22located on the body of the sex offender. A sex offender
23convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2411-21 of the Criminal Code of 1961 shall provide all Internet
25protocol (IP) addresses in his or her residence, registered in
26his or her name, accessible at his or her place of employment,

 

 

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1or otherwise under his or her control or custody. If the sex
2offender is a child sex offender as defined in Section 11-9.3
3or 11-9.4 of the Criminal Code of 1961, the sex offender shall
4report to the registering agency whether he or she is living in
5a household with a child under 18 years of age who is not his or
6her own child, provided that his or her own child is not the
7victim of the sex offense. The sex offender or sexual predator
8shall register:
9        (1) with the chief of police in the municipality in
10    which he or she resides or is temporarily domiciled for a
11    period of time of 3 or more days, unless the municipality
12    is the City of Chicago, in which case he or she shall
13    register at the Chicago Police Department Headquarters; or
14        (2) with the sheriff in the county in which he or she
15    resides or is temporarily domiciled for a period of time of
16    3 or more days in an unincorporated area or, if
17    incorporated, no police chief exists.
18    If the sex offender or sexual predator is employed at or
19attends an institution of higher education, he or she shall
20also register:
21        (i) with:
22            (A) the chief of police in the municipality in
23        which he or she is employed at or attends an
24        institution of higher education, unless the
25        municipality is the City of Chicago, in which case he
26        or she shall register at the Chicago Police Department

 

 

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1        Headquarters; or
2            (B) the sheriff in the county in which he or she is
3        employed or attends an institution of higher education
4        located in an unincorporated area, or if incorporated,
5        no police chief exists; and
6        (ii) with the public safety or security director of the
7    institution of higher education which he or she is employed
8    at or attends.
9    The registration fees shall only apply to the municipality
10or county of primary registration, and not to campus
11registration.
12    For purposes of this Article, the place of residence or
13temporary domicile is defined as any and all places where the
14sex offender resides for an aggregate period of time of 3 or
15more days during any calendar year. Any person required to
16register under this Article who lacks a fixed address or
17temporary domicile must notify, in person, the agency of
18jurisdiction of his or her last known address within 3 days
19after ceasing to have a fixed residence.
20    A sex offender or sexual predator who is temporarily absent
21from his or her current address of registration for 3 or more
22days shall notify the law enforcement agency having
23jurisdiction of his or her current registration, including the
24itinerary for travel, in the manner provided in Section 6 of
25this Act for notification to the law enforcement agency having
26jurisdiction of change of address.

 

 

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1    Any person who lacks a fixed residence must report weekly,
2in person, with the sheriff's office of the county in which he
3or she is located in an unincorporated area, or with the chief
4of police in the municipality in which he or she is located.
5The agency of jurisdiction will document each weekly
6registration to include all the locations where the person has
7stayed during the past 7 days.
8    The sex offender or sexual predator shall provide accurate
9information as required by the Department of State Police. That
10information shall include the sex offender's or sexual
11predator's current place of employment.
12    (a-5) An out-of-state student or out-of-state employee
13shall, within 3 days after beginning school or employment in
14this State, register in person and provide accurate information
15as required by the Department of State Police. Such information
16will include current place of employment, school attended, and
17address in state of residence. A sex offender convicted under
18Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
19Criminal Code of 1961 shall provide all Internet protocol (IP)
20addresses in his or her residence, registered in his or her
21name, accessible at his or her place of employment, or
22otherwise under his or her control or custody. The out-of-state
23student or out-of-state employee shall register:
24        (1) with:
25            (A) the chief of police in the municipality in
26        which he or she attends school or is employed for a

 

 

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1        period of time of 5 or more days or for an aggregate
2        period of time of more than 30 days during any calendar
3        year, unless the municipality is the City of Chicago,
4        in which case he or she shall register at the Chicago
5        Police Department Headquarters; or
6            (B) the sheriff in the county in which he or she
7        attends school or is employed for a period of time of 5
8        or more days or for an aggregate period of time of more
9        than 30 days during any calendar year in an
10        unincorporated area or, if incorporated, no police
11        chief exists; and
12        (2) with the public safety or security director of the
13    institution of higher education he or she is employed at or
14    attends for a period of time of 5 or more days or for an
15    aggregate period of time of more than 30 days during a
16    calendar year.
17    The registration fees shall only apply to the municipality
18or county of primary registration, and not to campus
19registration.
20    The out-of-state student or out-of-state employee shall
21provide accurate information as required by the Department of
22State Police. That information shall include the out-of-state
23student's current place of school attendance or the
24out-of-state employee's current place of employment.
25    (a-10) Any law enforcement agency registering sex
26offenders or sexual predators in accordance with subsections

 

 

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1(a) or (a-5) of this Section shall forward to the Attorney
2General a copy of sex offender registration forms from persons
3convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961, including periodic and
5annual registrations under Section 6 of this Act.
6    (b) Any sex offender, as defined in Section 2 of this Act,
7or sexual predator, regardless of any initial, prior, or other
8registration, shall, within 3 days of beginning school, or
9establishing a residence, place of employment, or temporary
10domicile in any county, register in person as set forth in
11subsection (a) or (a-5).
12    (c) The registration for any person required to register
13under this Article shall be as follows:
14        (1) Any person registered under the Habitual Child Sex
15    Offender Registration Act or the Child Sex Offender
16    Registration Act prior to January 1, 1996, shall be deemed
17    initially registered as of January 1, 1996; however, this
18    shall not be construed to extend the duration of
19    registration set forth in Section 7.
20        (2) Except as provided in subsection (c)(2.1) or
21    (c)(4), any person convicted or adjudicated prior to
22    January 1, 1996, whose liability for registration under
23    Section 7 has not expired, shall register in person prior
24    to January 31, 1996.
25        (2.1) A sex offender or sexual predator, who has never
26    previously been required to register under this Act, has a

 

 

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1    duty to register if the person has been convicted of any
2    felony offense after July 1, 2011. A person who previously
3    was required to register under this Act for a period of 10
4    years and successfully completed that registration period
5    has a duty to register if: (i) the person has been
6    convicted of any felony offense after July 1, 2011, and
7    (ii) the offense for which the 10 year registration was
8    served currently requires a registration period of more
9    than 10 years. Notification of an offender's duty to
10    register under this subsection shall be pursuant to Section
11    5-7 of this Act.
12        (2.5) Except as provided in subsection (c)(4), any
13    person who has not been notified of his or her
14    responsibility to register shall be notified by a criminal
15    justice entity of his or her responsibility to register.
16    Upon notification the person must then register within 3
17    days of notification of his or her requirement to register.
18    Except as provided in subsection (c)(2.1), if notification
19    is not made within the offender's 10 year registration
20    requirement, and the Department of State Police determines
21    no evidence exists or indicates the offender attempted to
22    avoid registration, the offender will no longer be required
23    to register under this Act.
24        (3) Except as provided in subsection (c)(4), any person
25    convicted on or after January 1, 1996, shall register in
26    person within 3 days after the entry of the sentencing

 

 

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1    order based upon his or her conviction.
2        (4) Any person unable to comply with the registration
3    requirements of this Article because he or she is confined,
4    institutionalized, or imprisoned in Illinois on or after
5    January 1, 1996, shall register in person within 3 days of
6    discharge, parole or release.
7        (5) The person shall provide positive identification
8    and documentation that substantiates proof of residence at
9    the registering address.
10        (6) The person shall pay a $100 initial registration
11    fee and a $100 annual renewal fee. The fees shall be used
12    by the registering agency for official purposes. The agency
13    shall establish procedures to document receipt and use of
14    the funds. The law enforcement agency having jurisdiction
15    may waive the registration fee if it determines that the
16    person is indigent and unable to pay the registration fee.
17    Thirty-five Thirty dollars for the initial registration
18    fee and $35 $30 of the annual renewal fee shall be used by
19    the registering agency for official purposes. Five Ten
20    dollars of the initial registration fee and $5 $10 of the
21    annual fee shall be deposited into the Sex Offender
22    Management Board Fund under Section 19 of the Sex Offender
23    Management Board Act. Money deposited into the Sex Offender
24    Management Board Fund shall be administered by the Sex
25    Offender Management Board and shall be used by the Board to
26    comply with the provisions of the Sex Offender Management

 

 

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1    Board Act to fund practices endorsed or required by the Sex
2    Offender Management Board Act including but not limited to
3    sex offenders evaluation, treatment, or monitoring
4    programs that are or may be developed, as well as for
5    administrative costs, including staff, incurred by the
6    Board. Thirty dollars of the initial registration fee and
7    $30 of the annual renewal fee shall be deposited into the
8    Sex Offender Registration Fund and shall be used by the
9    Department of State Police to maintain and update the
10    Illinois State Police Sex Offender Registry. Thirty
11    dollars of the initial registration fee and $30 of the
12    annual renewal fee shall be deposited into the Attorney
13    General Sex Offender Awareness, Training, and Education
14    Fund. Moneys deposited into the Fund shall be used by the
15    Attorney General to administer the I-SORT program and to
16    alert and educate the public, victims, and witnesses of
17    their rights under various victim notification laws and for
18    training law enforcement agencies, State's Attorneys, and
19    medical providers of their legal duties concerning the
20    prosecution and investigation of sex offenses.
21    (d) Within 3 days after obtaining or changing employment
22and, if employed on January 1, 2000, within 5 days after that
23date, a person required to register under this Section must
24report, in person to the law enforcement agency having
25jurisdiction, the business name and address where he or she is
26employed. If the person has multiple businesses or work

 

 

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1locations, every business and work location must be reported to
2the law enforcement agency having jurisdiction.
3(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
496-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
51-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
68-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
 
7    (730 ILCS 150/3-5)
8    Sec. 3-5. Application of Act to adjudicated juvenile
9delinquents.
10    (a) In all cases involving an adjudicated juvenile
11delinquent who meets the definition of sex offender as set
12forth in paragraph (5) of subsection (A) of Section 2 of this
13Act, the court shall order the minor to register as a sex
14offender.
15    (b) Once an adjudicated juvenile delinquent is ordered to
16register as a sex offender, the adjudicated juvenile delinquent
17shall be subject to the registration requirements set forth in
18Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
19registration.
20    (c) For a minor adjudicated delinquent for an offense
21which, if charged as an adult, would be a felony, no less than
225 years after registration ordered pursuant to subsection (a)
23of this Section, the minor may petition for the termination of
24the term of registration. For a minor adjudicated delinquent
25for an offense which, if charged as an adult, would be a

 

 

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1misdemeanor, no less than 2 years after registration ordered
2pursuant to subsection (a) of this Section, the minor may
3petition for termination of the term of registration.
4    (d) The court may upon a hearing on the petition for
5termination of registration, terminate registration if the
6court finds that the registrant poses no risk to the community
7by a preponderance of the evidence based upon the factors set
8forth in subsection (e).
9    Notwithstanding any other provisions of this Act to the
10contrary, no registrant whose registration has been terminated
11under this Section shall be required to register under the
12provisions of this Act for the offense or offenses which were
13the subject of the successful petition for termination of
14registration. This exemption shall apply only to those offenses
15which were the subject of the successful petition for
16termination of registration, and shall not apply to any other
17or subsequent offenses requiring registration under this Act.
18    (e) To determine whether a registrant poses a risk to the
19community as required by subsection (d), the court shall
20consider the following factors:
21        (1) a risk assessment performed by an evaluator
22    licensed under the Sex Offender Evaluation and Treatment
23    Provider Act approved by the Sex Offender Management Board;
24        (2) the sex offender history of the adjudicated
25    juvenile delinquent;
26        (3) evidence of the adjudicated juvenile delinquent's

 

 

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1    rehabilitation;
2        (4) the age of the adjudicated juvenile delinquent at
3    the time of the offense;
4        (5) information related to the adjudicated juvenile
5    delinquent's mental, physical, educational, and social
6    history;
7        (6) victim impact statements; and
8        (7) any other factors deemed relevant by the court.
9    (f) At the hearing set forth in subsections (c) and (d), a
10registrant shall be represented by counsel and may present a
11risk assessment conducted by an evaluator who is licensed under
12the Sex Offender Evaluation and Treatment Provider Act a
13licensed psychiatrist, psychologist, or other mental health
14professional, and who has demonstrated clinical experience in
15juvenile sex offender treatment.
16    (g) After a registrant completes the term of his or her
17registration, his or her name, address, and all other
18identifying information shall be removed from all State and
19local registries.
20    (h) This Section applies retroactively to cases in which
21adjudicated juvenile delinquents who registered or were
22required to register before the effective date of this
23amendatory Act of the 95th General Assembly. On or after the
24effective date of this amendatory Act of the 95th General
25Assembly, a person adjudicated delinquent before the effective
26date of this amendatory Act of the 95th General Assembly may

 

 

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1request a hearing regarding status of registration by filing a
2Petition Requesting Registration Status with the clerk of the
3court. Upon receipt of the Petition Requesting Registration
4Status, the clerk of the court shall provide notice to the
5parties and set the Petition for hearing pursuant to
6subsections (c) through (e) of this Section.
7    (i) This Section does not apply to minors prosecuted under
8the criminal laws as adults.
9(Source: P.A. 97-578, eff. 1-1-12.)
 
10    Section 999. Effective date. This Act takes effect July 1,
112013, except that this Section, Section 175, Section 180, and
12the amendatory changes to Sections 2 and 3 of the Sex Offender
13Registration Act take effect on January 1, 2013, the other
14amendatory changes to Section 3-5 of the Sex Offender
15Registration Act, the amendatory changes to the Sexually
16Dangerous Persons Act, and the amendatory changes to the
17Sexually Violent Persons Commitment Act take effect January 1,
182014.