Bill Text: IL SB3361 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Sex Offender Management Board Act. Makes a technical change in a Section concerning the creation and duties of the Sex Offender Management Board.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3361 Detail]

Download: Illinois-2011-SB3361-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3361 Introduced 2/7/2012, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
20 ILCS 4026/15
Amends the Sex Offender Management Board Act. Makes a technical change in a Section concerning the creation and duties of the Sex Offender Management Board.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Management Board Act is amended
by changing Section 15 as follows:
(20 ILCS 4026/15)
Sec. 15. Sex Offender Management Board; creation; duties.
(a) There is created created the Sex Offender Management
Board, which shall consist of 20 members. The membership of the
Board shall consist of the following persons:
(1) Two members appointed by the Governor representing
the judiciary, one representing juvenile court matters and
one representing adult criminal court matters;
(2) One member appointed by the Governor representing
Probation Services based on the recommendation of the
Illinois Probation and Court Services Association;
(3) One member appointed by the Governor representing
the Department of Corrections;
(4) One member appointed by the Governor representing
the Department of Human Services;
(5) One member appointed by the Governor representing
the Illinois State Police;
(6) One member appointed by the Governor representing

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the Department of Children and Family Services;
(7) One member appointed by the Attorney General
representing the Office of the Attorney General;
(8) One member appointed by the Attorney General who is
a licensed mental health professional with documented
expertise in the treatment of sex offenders;
(9) Two members appointed by the Attorney General who
are State's Attorneys or assistant State's Attorneys, one
representing juvenile court matters and one representing
felony court matters;
(10) One member being the Cook County State's Attorney
or his or her designee;
(11) One member being the Director of the State's
Attorneys Appellate Prosecutor or his or her designee;
(12) One member being the Cook County Public Defender
or his or her designee;
(13) Two members appointed by the Governor who are
representatives of law enforcement, one juvenile officer
and one sex crime investigator;
(14) Two members appointed by the Attorney General who
are recognized experts in the field of sexual assault and
who can represent sexual assault victims and victims'
rights organizations;
(15) One member being the State Appellate Defender or
his or her designee; and
(16) One member being the Executive Director of the

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Criminal Justice Information Authority or his or her
designee.
(b) The Governor and the Attorney General shall appoint a
presiding officer for the Board from among the board members
appointed under subsection (a) of this Section, which presiding
officer shall serve at the pleasure of the Governor and the
Attorney General.
(c) Each member of the Board shall demonstrate substantial
expertise and experience in the field of sexual assault.
(d) (1) Any member of the Board created in subsection (a)
of this Section who is appointed under paragraphs (1) through
(7) of subsection (a) of this Section shall serve at the
pleasure of the official who appointed that member, for a term
of 5 years and may be reappointed. The members shall serve
without additional compensation.
(2) Any member of the Board created in subsection (a) of
this Section who is appointed under paragraphs (8) through (14)
of subsection (a) of this Section shall serve for a term of 5
years and may be reappointed. 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

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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.
(3) The travel costs associated with membership on the
Board created in subsection (a) of this Section will be
reimbursed subject to availability of funds.
(e) The first meeting of this Board shall be held within 45
days of the effective date of this Act.
(f) The Board shall carry out the following duties:
(1) Not later than 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
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

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needs of the particular offender, so long as there is no
reduction of the safety of victims and potential victims.
(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
proceeds through the justice system. Also, the programs
shall be developed in such a manner that, to the extent
possible, the programs may be accessed by all offenders in
the justice system.
(3) There is established the Sex Offender Management
Board Fund in the State Treasury into which funds received
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,

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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.
(4) The Board shall develop and prescribe a plan to
research and analyze the effectiveness of the evaluation,
identification, and counseling procedures and programs
developed under this Act. The Board shall also develop and
prescribe a system for implementation of the guidelines and
standards developed under paragraph (2) of this subsection
(f) and for tracking offenders who have been subjected to
evaluation, identification, and 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).
(g) The Board may promulgate rules as are necessary to
carry out the duties of the Board.
(h) The Board and the individual members of the Board shall
be immune from any liability, whether civil or criminal, for
the good faith performance of the duties of the Board as
specified in this Section.
(Source: P.A. 97-257, eff. 1-1-12.)