(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.
(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial sexual misconduct when the probation or supervising officer, surveillance agent, or aftercare specialist engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent or employee so engaging in the sexual conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a penal system, treatment and detention facility, or conditional release program.
(e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who is lawfully married to a person in custody if the marriage occurred before the date of custody.
(2) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
(g) In this Section:
(0.5) "Aftercare specialist" means any person
employed by the Department of Juvenile Justice to supervise and facilitate services for persons placed on aftercare release.
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
or commitment to a State or local penal institution;
(iii) parole, aftercare release, or mandatory
supervised release;
(iv) electronic home detention;
(v) probation;
(vi) detention or civil commitment either in
secure care or in the community under the Sexually Violent Persons Commitment Act.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.
(2.1) "Treatment and detention facility" means any
Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
(2.2) "Conditional release" means a program of
treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
(3) "Employee" means:
(i) an employee of any governmental agency of
this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
(ii) a contractual employee of a penal system as
defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;
(iii) a contractual employee of a "treatment and
detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
(4) "Sexual conduct" or "sexual penetration" means
any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
(5) "Probation officer" means any person employed in
a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.
(6) "Supervising officer" means any person employed
to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.
(7) "Surveillance agent" means any person employed or
contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
(Source: P.A. 98-558, eff. 1-1-14.)
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Last modified: February 18, 2015