Public Act 094-0992
 		





SB2873 Enrolled
LRB094 17314 RLC 52609 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Sexually Violent Persons Commitment Act is 
amended  by changing Section 15 and  by adding Section 9 as 
follows:
 
    (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.
 


    (725 ILCS 207/15)


    Sec. 15. Sexually violent person petition; contents; 
filing. 

    (a) A petition alleging that a person is a sexually violent

person may be filed by:


        (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 
    this Section, he or she shall file the petition before the

    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.


        (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.


        (3) The Attorney General and the State's Attorney

    referenced in paragraph (a)(2) of this Section jointly.

    (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:


        (1) The person satisfies any of the following criteria:


            (A) The person has been convicted of a sexually 
        violent offense;


            (B) The person has been found delinquent for a 
        sexually
violent offense; or


            (C) The person has been found not guilty of a 
        sexually
violent offense by reason of insanity, mental 
        disease, or mental
defect.


        (2) (Blank).


        (3) (Blank).


        (4) The person has a mental disorder.


        (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.

    (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 
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.
,
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

    (b-6) The petition must be filed no
(2) No more than 90 
days before discharge or release:


        (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

    under Section 5-620 of that Act on the basis of a sexually 
    violent offense; or


        (2)
(B) from a commitment order that was entered as a 
    result of a sexually
violent offense.

    (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;


(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;


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.

    (c) A petition filed under this Section shall state with

particularity essential facts to establish probable cause to

believe the person is a sexually violent person.  If the 
petition
alleges that a sexually violent offense or act that is 
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.

    (d) A petition under this Section shall be filed in either 
of
the following:


        (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.


        (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

    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.


(Source: P.A. 94-696, eff. 6-1-06.)