225 ILCS 109/1
Short title
Short title. This Act may be cited as the Sex Offender Evaluation and Treatment Provider Act. (Source: P.A. 97-1098, eff. 7-1-13.)
Illinois Compiled Statutes 225 ILCS 109 — Sex Offender Evaluation and Treatment Provider Act.
Illinois · statute · 225 ILCS 109 · 42 active provisions
225 ILCS 109/5
Declaration of public policy
Declaration of public policy. The practice of sex offender evaluation and treatment in Illinois is hereby declared to affect the public health, safety and welfare, and to be subject to regulations in the public interest. The purpose of this Act is to establish standards of qualifications for sex offender evaluators and…
225 ILCS 109/10
Definitions
Definitions. As used in this Act: "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. "Associate sex offender provider" means a person licensed under this Act to conduct s…
225 ILCS 109/15
Duties of the Department
Duties of the Department. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act. The Department shall adopt rules to implement, interpr…
225 ILCS 109/25
Application
Application. (a) Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the appropriate documentation and the required fee, which fee is nonrefundable. An application shall require information as, in the judgment of the Department…
225 ILCS 109/30
Social Security Number on license application
Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security number. (Source: P.A. 97-1098, eff. 7-1-13.)
225 ILCS 109/35
Qualifications for licensure
Qualifications for licensure. (a)(1) A person is qualified for licensure as a sex offender evaluator if that person: (A) has applied in writing on forms prepared and furnished by the Department; (B) has not engaged or is not engaged in any practice or conduct that would be grounds for disciplining a licensee under Sect…
225 ILCS 109/40
Application; exemptions
Application; exemptions. (a) No person may act as a sex offender evaluator, sex offender treatment provider, or associate sex offender provider as defined in this Act for the provision of sex offender evaluations or sex offender treatment pursuant to the Sex Offender Management Board Act, the Sexually Dangerous Persons…
225 ILCS 109/45
License renewal; restoration
License renewal; restoration. (a) The expiration date and renewal period for a license issued under this Act shall be set by rule. The holder of a license under this Act may renew that license during the 90 day period immediately preceding the expiration date upon payment of the required renewal fees and demonstrating…
225 ILCS 109/50
Inactive status
Inactive status. (a) A licensee who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her…
225 ILCS 109/55
Fees
Fees. The fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration, shall be set by rule of the Department. The fees shall be nonrefundable. (Source: P.A. 97-1098, eff. 7-1-13.)
225 ILCS 109/60
Deposit of fees and fines
Deposit of fees and fines. All of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. (Source: P.A. 97-1098, eff. 7-1-13.)
225 ILCS 109/65
Payments; penalty for insufficient funds
Payments; penalty for insufficient funds. A person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed…
225 ILCS 109/70
Roster; address change
Roster; address change. (a) The Department shall maintain a roster of names and addresses of all persons who hold valid licenses and all persons whose licenses have been suspended or revoked within the previous year. This roster shall be available upon request and payment of the required fee. (b) It is the duty of the…
225 ILCS 109/75
Refusal, revocation, or suspension
Refusal, revocation, or suspension. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action, as the Department considers appropriate, including the imposition of fines not to exceed $10,000 for each violation, with reg…
225 ILCS 109/80
Continuing education
Continuing education. The Department shall adopt rules for continuing education for persons licensed under this Act that require a completion of 20 hours of approved sex offender specific continuing education per license renewal period. The Department shall establish by rule a means for the verification of completion o…
225 ILCS 109/85
Violations; injunctions; cease and desist order
Violations; injunctions; cease and desist order. (a) If a person violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a v…
225 ILCS 109/90
Unlicensed practice; violation; civil penalty
Unlicensed practice; violation; civil penalty. (a) A person who holds himself or herself out to practice as a licensee without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined b…
225 ILCS 109/95
Investigation; notice and hearing
Investigation; notice and hearing. The Department may investigate the actions or qualifications of any person or persons holding or claiming to hold a license. Before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any licens…
225 ILCS 109/100
Record of proceeding
Record of proceeding. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board and o…
225 ILCS 109/105
Subpoenas; oaths; attendance of witnesses
Subpoenas; oaths; attendance of witnesses. The Department has the power to subpoena and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Secretary, the designat…
225 ILCS 109/110
Recommendations for disciplinary action
Recommendations for disciplinary action. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. T…
225 ILCS 109/115
Rehearing
Rehearing. In a hearing involving disciplinary action against a licensee, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 calendar days after service, the respondent may present to the De…
225 ILCS 109/120
Hearing by other hearing officer
Hearing by other hearing officer. Whenever the Secretary is not satisfied that substantial justice has been done in the revocation, suspension or refusal to issue or renew a license, the Secretary may order a rehearing by the same or other hearing officer. (Source: P.A. 97-1098, eff. 7-1-13.)
225 ILCS 109/125
Appointment of a hearing officer
Appointment of a hearing officer. The Secretary has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew a license, or to discipline a licensee. The hearing officer has full authority to conduct the heari…
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