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Public Act 094-0992
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| SB2873 Enrolled |
LRB094 17314 RLC 52609 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Sexually Violent Persons Commitment Act is |
amended by changing Section 15 and by adding Section 9 as |
follows:
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(725 ILCS 207/9 new) |
Sec. 9. Sexually violent person review; written |
notification to State's Attorney. The Illinois Department of |
Corrections or the Department of Juvenile Justice, not later |
than 6 months prior to the anticipated release from |
imprisonment or the anticipated entry into mandatory |
supervised release of a person who has been convicted or |
adjudicated delinquent of a sexually violent offense, shall |
send written notice to the State's Attorney in the county in |
which the person was convicted or adjudicated delinquent of the |
sexually violent offense informing the State's Attorney of the |
person's anticipated release date and that the person will be |
considered for commitment under this Act prior to that release |
date.
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(725 ILCS 207/15)
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Sec. 15. Sexually violent person petition; contents; |
filing.
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(a) A petition alleging that a person is a sexually violent
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person may be filed by:
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(1) The Attorney General, at the request of the agency |
with
jurisdiction over the person, as defined in subsection |
(a) of Section 10 of
this Act, or on his or her own motion. |
If the Attorney General, after
consulting with and advising |
the State's Attorney of the county
referenced in paragraph |
(a)(2) of this Section, decides to file a
petition under |
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this Section, he or she shall file the petition before the
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date of the release or discharge of the person
or within 30 |
days of placement onto parole or mandatory supervised |
release
for an offense enumerated in paragraph (e) of |
Section 5 of this Act.
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(2) If the Attorney General does not file a petition |
under
this Section, the State's Attorney
of the county in |
which the
person was convicted of a sexually violent |
offense, adjudicated
delinquent for a sexually violent |
offense or found not guilty of
or not responsible for a |
sexually violent offense by reason of
insanity, mental |
disease, or mental defect may file a petition.
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(3) The Attorney General and the State's Attorney
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referenced in paragraph (a)(2) of this Section jointly.
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(b) A petition filed under this Section shall allege that |
all of the
following apply to the person alleged to be a |
sexually violent person:
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(1) The person satisfies any of the following criteria:
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(A) The person has been convicted of a sexually |
violent offense;
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(B) The person has been found delinquent for a |
sexually
violent offense; or
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(C) The person has been found not guilty of a |
sexually
violent offense by reason of insanity, mental |
disease, or mental
defect.
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(2) (Blank).
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(3) (Blank).
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(4) The person has a mental disorder.
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(5) The person is dangerous to others because the |
person's
mental disorder creates a substantial probability |
that he or she
will engage in acts of sexual violence.
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(b-5) The petition must be filed no
:(1) No more than 90 |
days before discharge or entry into mandatory
supervised |
release from a Department of Corrections or the Department of |
Juvenile Justice correctional facility for
a sentence that was |
imposed upon a conviction for a sexually violent offense. For |
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inmates sentenced under the law in effect prior to February 1, |
1978, the petition shall be filed no more than 90 days after |
the Prisoner Review Board's order granting parole pursuant to |
Section 3-3-5 of the Unified Code of Corrections.
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or for a |
sentence that is being served concurrently or consecutively |
with a
sexually violent offense, and no more than 30 days after |
the person's entry
into parole or mandatory supervised release; |
or
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(b-6) The petition must be filed no
(2) No more than 90 |
days before discharge or release:
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(1)
(A) from a Department of Juvenile Justice juvenile |
correctional facility if
the person was placed in the |
facility for being adjudicated delinquent under
Section |
5-20 of the Juvenile Court Act of 1987 or found guilty
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under Section 5-620 of that Act on the basis of a sexually |
violent offense; or
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(2)
(B) from a commitment order that was entered as a |
result of a sexually
violent offense.
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(b-7) A person convicted of a sexually violent offense |
remains eligible for commitment as a sexually violent person |
pursuant to this Act under the following circumstances:
(1) the |
person is in custody for a sentence that is being served |
concurrently or consecutively with a sexually violent offense;
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(2) the person returns to the custody of the Illinois |
Department of Corrections or the Department of Juvenile Justice |
for any reason during the term of parole or mandatory |
supervised release being served for a sexually violent offense;
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or (3) the person is convicted or adjudicated delinquent for |
any offense committed during the term of parole or mandatory |
supervised release being served for a sexually violent offense, |
regardless of whether that conviction or adjudication was for a |
sexually violent offense.
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(c) A petition filed under this Section shall state with
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particularity essential facts to establish probable cause to
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believe the person is a sexually violent person. If the |
petition
alleges that a sexually violent offense or act that is |
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a basis for
the allegation under paragraph (b)(1) of this |
Section was an act
that was sexually motivated as provided |
under paragraph (e)(2) of Section
5 of this Act, the petition |
shall state the grounds on which the
offense or act is alleged |
to be sexually motivated.
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(d) A petition under this Section shall be filed in either |
of
the following:
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(1) The circuit court for the county in which the |
person was
convicted of a sexually violent offense, |
adjudicated delinquent
for a sexually violent offense or |
found not guilty of a sexually
violent offense by reason of |
insanity, mental disease or mental
defect.
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(2) The circuit court for the county in which the |
person is
in custody under a sentence, a placement to a |
Department of
Corrections correctional facility or a |
Department of Juvenile Justice juvenile correctional
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facility, or a commitment order. |
(e) The filing of a petition under this Act shall toll the |
running of the term of parole or mandatory supervised release |
until: |
(1) dismissal of the petition filed under this Act; |
(2) a finding by a judge or jury that the respondent is |
not a sexually violent person; or |
(3) the sexually violent person is discharged under |
Section 65 of this Act, unless the person has successfully |
completed a period of conditional release pursuant to |
Section 60 of this Act.
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(Source: P.A. 94-696, eff. 6-1-06.)
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