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| | HB3896 Enrolled | | 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 Enrolled | - 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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| 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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