Ill. Admin. Code tit. 20, § 1285.30 - Responsibilities
a) After the
occurrence of one of the qualifying events specified in Section 5-4-3(a-3.2) of
the Act or at the sentencing of the otherwise qualified offender, the judge
shall issue an order requiring the offender to provide specimens that shall be
submitted to the Department in accordance with Section 5-4-3 of the
Act.
b) The designated agency
responsible for sample collection of qualifying offenders is as follows:
1) If the qualifying offender has not
previously had a sample taken and is serving a term of incarceration in a
facility under the control of the county sheriff, or is being transferred to
another state to serve the sentence, the sheriff's office is the designated
agency and is responsible for the collection of the sample prior to the release
or transfer of the offender.
2) If
the qualifying offender has not previously had a sample taken and is
transferred to a facility under the control of the Department of Corrections to
serve a term of incarceration, the Department of Corrections is the designated
agency and is responsible for the collection of the sample from the offender
before his/her release on parole, or mandatory supervised release or final
discharge or, in the event the offender is sentenced to death or natural life,
at any time.
3) If the qualifying
offender has not previously had a sample taken and is transferred to a facility
under the control of the Department of Juvenile Justice to serve a term of
incarceration, the Department of Juvenile Justice is the designated agency and
is responsible for the collection of the sample from the offender before
his/her release on parole, mandatory supervised release or final discharge or,
in the event the offender is sentenced to death or natural life, at any
time.
4) If the qualifying offender
has not previously had a sample collected and is transferred to the Department
of Corrections to be institutionalized as a sexually dangerous person or
institutionalized as a person found guilty but mentally ill of a sexual offense
or an attempted sexual offense, the Department of Corrections is the designated
agency and is responsible for the collection of the sample any time prior to
release of the offender.
5) If the
qualifying offender has not previously had a sample collected and is ordered
committed as a sexually violent person, the Department of Human Services is the
designated agency and is responsible for the collection of the sample prior to
the release of the offender.
6) If
the qualifying offender has not previously had a sample collected and is
serving a sentence but not physically incarcerated, the supervising agency
(such as a probation office) is the designated agency and is responsible for
collection of the sample prior to the termination of the sentence. This
includes offenders that transfer to Illinois under the Interstate Compact for
Adult Offender Supervision [45 ILCS 170 ] or the Interstate Agreements on
Sexually Dangerous Persons Act [45 ILCS 20 ].
7) If the qualifying offender for any reason
is not under the control or supervision of any agency listed in subsections
(c)(1) through (c)(6), then the probation authority of the sentencing or
ordering jurisdiction is the designated agency.
8) If the qualifying offender has not
previously had a sample collected and is required to provide a sample before
conviction (e.g., indicted), the county sheriff is the designated
agency.
9) If the qualifying
offender has not previously had a sample collected and is required to register
as a sex offender and is not under supervision by an Illinois criminal justice
agency, the registering agency is the designated agency.
c) The designated agency is responsible for
ensuring that the offender is eligible for collection under the
statute.
d) The designated agency
is responsible for ensuring that the offender has a complete set of
fingerprints on file with the Department of State Police, Bureau of
Identification.
Notes
Amended at 36 Ill. Reg. 5610, effective March 26, 2012
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