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| Public Act 097-0257 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Sex Offender Management Board Act is amended | ||||
by changing Section 15 as follows: | ||||
(20 ILCS 4026/15)
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Sec. 15. Sex Offender Management Board; creation; duties.
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(a) There is created the Sex Offender Management Board, | ||||
which shall consist
of 20 24
members. The membership of the | ||||
Board shall consist of the
following
persons:
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(1) Two members appointed by the Governor representing | ||||
the judiciary, one
representing juvenile court matters and | ||||
one
representing adult criminal court matters;
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(2) One member appointed by the Governor representing | ||||
Probation
Services based on the recommendation of the | ||||
Illinois Probation and Court Services Association;
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(3) One member appointed by the Governor representing | ||||
the Department of
Corrections;
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(4) One member appointed by the Governor representing | ||||
the Department of
Human Services;
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(5) One member appointed by the Governor representing | ||||
the Illinois State
Police;
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(6) One member appointed by the Governor representing | ||||
the Department of
Children and Family Services;
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(7) One member appointed by the Attorney General | ||
representing the Office
of the Attorney General;
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(8) One member Two members appointed by the Attorney | ||
General who is a are licensed mental
health professional | ||
professionals with documented expertise in the treatment | ||
of sex
offenders;
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(9) Two members appointed by the Attorney General who | ||
are State's
Attorneys or assistant State's Attorneys, one | ||
representing juvenile court
matters and one representing | ||
felony court matters;
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(10) One member being the Cook County State's Attorney | ||
or his or her
designee;
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(11) One member being the Director of the State's | ||
Attorneys Appellate
Prosecutor or his or her designee;
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(12) One member being the Cook County Public Defender | ||
or his or her
designee;
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(13) Two members appointed by the Governor who are | ||
representatives
of law enforcement, one juvenile officer | ||
and one sex crime investigator;
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(14) Two members appointed by the Attorney General who | ||
are recognized
experts in the field of sexual assault and | ||
who can represent sexual assault
victims and victims' | ||
rights organizations;
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(15) One member being the State Appellate Defender or | ||
his or her
designee;
and
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(16) One member being the President of the Illinois | ||
Polygraph Society or
his or her designee;
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(16) (17) One member being the Executive Director of | ||
the Criminal Justice
Information Authority or his or her | ||
designee. ;
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(18) One member being the President of the Illinois | ||
Chapter of the
Association for the Treatment of Sexual | ||
Abusers or his or her designee; and
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(19) One member representing the Illinois Principal | ||
Association.
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(b) The Governor and the Attorney General shall appoint a | ||
presiding officer
for the Board
from among the board members | ||
appointed under subsection (a) of this
Section, which presiding | ||
officer shall serve at the pleasure of the Governor
and the | ||
Attorney
General.
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(c) Each member of the Board shall demonstrate substantial | ||
expertise and
experience in the field of sexual assault.
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(d) (1) Any member of the Board created in subsection (a) | ||
of this Section
who is appointed under paragraphs (1) through | ||
(7) of subsection (a) of
this
Section shall serve at the | ||
pleasure of the official who appointed that member,
for a term | ||
of 5 years and may be reappointed. The members shall serve
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without additional compensation.
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(2) Any member of the Board created in subsection (a) of | ||
this Section who
is appointed under paragraphs (8) through (14) | ||
of subsection (a) of this
Section shall serve for a term of 5 | ||
years and may be reappointed. However, the terms of the members | ||
appointed under paragraphs (8) of subsection (a) of this | ||
Section shall end on the effective date of this amendatory Act | ||
of the 97th General Assembly. Within 30 days after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, the Attorney General shall appoint a member under | ||
paragraph (8) of subsection (a) of this Section to fill the | ||
vacancy created by this amendatory Act of the 97th General | ||
Assembly. A person who has previously served as a member of the | ||
Board may be reappointed. The terms of the President of the | ||
Illinois Polygraph Society or
his or her designee, the | ||
President of the Illinois Chapter of the
Association for the | ||
Treatment of Sexual Abusers or his or her designee, and the | ||
member representing the Illinois Principal Association end on | ||
the effective date of this amendatory Act of the 97th General | ||
Assembly. The members
shall serve without
compensation.
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(3) The travel costs associated with membership on the | ||
Board created in
subsection (a) of this Section will be | ||
reimbursed subject to availability of
funds.
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(e) The first meeting of this Board shall be held within 45 | ||
days of the
effective date of this Act.
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(f) The Board shall carry out the following duties:
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(1) Not later than December 31, 2001,
the
Board shall | ||
develop and prescribe separate standardized procedures for | ||
the
evaluation and identification of the offender and | ||
recommend behavior
management,
monitoring, and treatment
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based upon the knowledge that sex
offenders are
extremely | ||
habituated and that there is no known cure for the | ||
propensity to
commit sex abuse. The Board shall develop and | ||
implement measures of success
based upon a no-cure policy | ||
for intervention. The Board shall develop and
implement | ||
methods of intervention for sex offenders which have as a | ||
priority
the physical and psychological safety of victims | ||
and potential
victims and which are appropriate to the | ||
needs of the particular offender, so
long as there is no | ||
reduction of the safety of victims and potential victims.
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(2) Not later than December 31, 2001, the Board
shall | ||
develop separate guidelines and standards for a system of | ||
programs for
the evaluation and treatment
of both juvenile | ||
and adult sex
offenders which shall
be utilized
by | ||
offenders who are placed on probation, committed to the | ||
Department of
Corrections or Department of Human Services, | ||
or placed on mandatory
supervised release or parole. The | ||
programs
developed under this paragraph (f) shall be as | ||
flexible as possible so
that the programs may be utilized | ||
by each offender to prevent the offender
from harming | ||
victims and potential victims. The programs shall be | ||
structured
in such a manner that the programs provide a | ||
continuing monitoring process as
well as a continuum of | ||
counseling programs for each offender as that offender
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proceeds through the justice system. Also, the programs | ||
shall
be developed in such a manner that, to the extent | ||
possible, the programs may be
accessed by all offenders in | ||
the justice system.
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(3) There is established the Sex Offender Management | ||
Board Fund in the
State Treasury into which funds received | ||
under any provision of law or from
public or private | ||
sources
shall be deposited, and from which funds
shall be | ||
appropriated for the purposes set forth in Section 19 of | ||
this Act,
Section 5-6-3 of the Unified Code of Corrections, | ||
and Section 3 of the Sex
Offender Registration Act, and the | ||
remainder shall be
appropriated to the Sex Offender | ||
Management Board for planning and
research.
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(4) The Board shall develop and prescribe a plan to | ||
research and analyze
the effectiveness of the evaluation, | ||
identification, and counseling procedures
and programs | ||
developed under this Act. The Board shall also develop and
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prescribe a system for implementation of the guidelines and | ||
standards developed
under paragraph (2) of this subsection | ||
(f) and for tracking offenders who
have been subjected to | ||
evaluation, identification, and treatment
under
this Act. | ||
In addition, the Board shall develop a system for | ||
monitoring
offender behaviors and offender adherence to | ||
prescribed behavioral changes.
The results of the tracking | ||
and behavioral monitoring shall be a part of any
analysis | ||
made under this paragraph (4).
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(g) The Board may promulgate rules as are necessary to | ||
carry
out the duties of the Board.
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(h) The Board and the individual members of the Board shall | ||
be immune from
any liability, whether civil or criminal, for | ||
the good faith performance of
the duties of the Board as | ||
specified in this Section.
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(Source: P.A. 93-616, eff. 1-1-04.)
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