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| | HB3896 Engrossed | | LRB099 09929 RLC 30145 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Sexually Violent Persons Commitment Act is |
5 | | amended by changing Section 75 as follows:
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6 | | (725 ILCS 207/75)
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7 | | Sec. 75. Notice concerning conditional release,
discharge, |
8 | | escape, death, or court-ordered change in the custody status of |
9 | | a detainee or civilly committed sexually violent person.
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10 | | (a) As used in this Section, the term:
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11 | | (1) "Act of sexual violence" means an act or attempted |
12 | | act
that is a basis for an allegation made in a petition |
13 | | under paragraph (b)(1) of
Section
15 of this Act.
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14 | | (2) "Member of the family" means spouse, child, |
15 | | sibling,
parent, or legal guardian.
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16 | | (3) "Victim" means a person against whom an act of |
17 | | sexual
violence has been committed.
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18 | | (b) If the court places a civilly committed sexually |
19 | | violent person on conditional release under
Section 40 or 60 of |
20 | | this Act or discharges a person under Section
65, or if a |
21 | | detainee or civilly committed sexually violent person escapes, |
22 | | dies, or is subject to any court-ordered change in custody |
23 | | status of the detainee or sexually violent person, the |
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| | HB3896 Engrossed | - 2 - | LRB099 09929 RLC 30145 b |
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1 | | Department shall make a reasonable attempt, if he or she can be |
2 | | found, to notify all of the following who have requested
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3 | | notification under this Act or under the Rights of Crime |
4 | | Victims and Witnesses
Act:
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5 | | (1) Whichever of the following persons is appropriate |
6 | | in
accordance with the provisions of subsection (a)(3):
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7 | | (A) The victim of the act of sexual violence.
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8 | | (B) An adult member of the victim's family, if the |
9 | | victim
died as a result of the act of sexual violence.
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10 | | (C) The victim's parent or legal guardian, if the |
11 | | victim
is younger than 18 years old.
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12 | | (2) The Department of Corrections or the Department of |
13 | | Juvenile Justice.
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14 | | (c) The notice under subsection (b) of this Section shall
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15 | | inform the Department of Corrections or the Department of |
16 | | Juvenile Justice and the person notified under
paragraph (b)(1) |
17 | | of this Section of the name of
the person committed under this |
18 | | Act and the date the person is
placed on conditional release, |
19 | | discharged, or if a detainee or civilly committed sexually |
20 | | violent person escapes, dies, or is subject to any |
21 | | court-ordered change in the custody status of the detainee or |
22 | | sexually violent person. The Department shall
send the notice, |
23 | | postmarked within one business day of the court order requiring |
24 | | the preparation of a conditional release plan under paragraph |
25 | | (b)(3) of Section 40 or subsection (f) of Section 60 and |
26 | | another notice postmarked within one business day of the court |
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| | HB3896 Engrossed | - 3 - | LRB099 09929 RLC 30145 b |
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1 | | order approving the conditional release, discharge, at least 60 |
2 | | days before the date the
person committed under this Act is |
3 | | placed on conditional release, discharged, or if a detainee or |
4 | | civilly committed sexually violent person escapes, dies, or is |
5 | | subject to any court-ordered change in the custody status of |
6 | | the detainee or sexually violent person, unless unusual |
7 | | circumstances do not permit advance written notification, or |
8 | | immediately if a detainee or civilly committed sexually violent |
9 | | person escapes or dies, to the Department of Corrections or the |
10 | | Department of Juvenile Justice and the last-known
address of |
11 | | the person notified under paragraph
(b)(1) of this Section.
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12 | | (d) The Department shall design and prepare cards for |
13 | | persons
specified in paragraph (b)(1) of this Section to send |
14 | | to the
Department. The cards shall have space for these persons |
15 | | to
provide their names and addresses, the name of the person
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16 | | committed under this Act and any other information the |
17 | | Department
determines is necessary. The Department shall |
18 | | provide the cards,
without charge, to the Attorney General and |
19 | | State's Attorneys.
The Attorney General and State's Attorneys |
20 | | shall provide the
cards, without charge, to persons specified |
21 | | in paragraph (b)(1)
of this Section. These persons may send |
22 | | completed cards to the
Department. All records or portions of |
23 | | records of the Department
that relate to mailing addresses of |
24 | | these persons are not subject
to inspection or copying under |
25 | | Section 3 of the Freedom of
Information Act.
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26 | | (Source: P.A. 94-696, eff. 6-1-06; 95-896, eff. 1-1-09.)
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