Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1285 - SAMPLE COLLECTION FOR GENETIC MARKER INDEXING › Subpart B - OPERATIONS › Section 1285.30 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
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.