Sen. Don Harmon

Filed: 2/8/2006

 

 


 

 


 
09400SB2873sam001 LRB094 17314 RLC 55740 a

1
AMENDMENT TO SENATE BILL 2873

2     AMENDMENT NO. ______. Amend Senate Bill 2873 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Sexually Violent Persons Commitment Act is
5 amended by changing Section 15 and by adding Section 9 as
6 follows:
 
7     (725 ILCS 207/9 new)
8     Sec. 9. Sexually violent person review; written
9 notification to State's Attorney. The Illinois Department of
10 Corrections, not later than 6 months prior to the anticipated
11 release from imprisonment or the anticipated entry into
12 mandatory supervised release of a person who has been convicted
13 or adjudicated delinquent of a sexually violent offense, shall
14 send written notice to the State's Attorney in the county in
15 which the person was convicted or adjudicated delinquent of the
16 sexually violent offense informing the State's Attorney of the
17 person's anticipated release date and that the person will be
18 considered for commitment under this Act prior to that release
19 date.
 
20     (725 ILCS 207/15)
21     Sec. 15. Sexually violent person petition; contents;
22 filing.
23     (a) A petition alleging that a person is a sexually violent

 

 

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1 person may be filed by:
2         (1) The Attorney General, at the request of the agency
3     with jurisdiction over the person, as defined in subsection
4     (a) of Section 10 of this Act, or on his or her own motion.
5     If the Attorney General, after consulting with and advising
6     the State's Attorney of the county referenced in paragraph
7     (a)(2) of this Section, decides to file a petition under
8     this Section, he or she shall file the petition before the
9     date of the release or discharge of the person or within 30
10     days of placement onto parole or mandatory supervised
11     release for an offense enumerated in paragraph (e) of
12     Section 5 of this Act.
13         (2) If the Attorney General does not file a petition
14     under this Section, the State's Attorney of the county in
15     which the person was convicted of a sexually violent
16     offense, adjudicated delinquent for a sexually violent
17     offense or found not guilty of or not responsible for a
18     sexually violent offense by reason of insanity, mental
19     disease, or mental defect may file a petition.
20         (3) The Attorney General and the State's Attorney
21     referenced in paragraph (a)(2) of this Section jointly.
22     (b) A petition filed under this Section shall allege that
23 all of the following apply to the person alleged to be a
24 sexually violent person:
25         (1) The person satisfies any of the following criteria:
26             (A) The person has been convicted of a sexually
27         violent offense;
28             (B) The person has been found delinquent for a
29         sexually violent offense; or
30             (C) The person has been found not guilty of a
31         sexually violent offense by reason of insanity, mental
32         disease, or mental defect.
33         (2) (Blank).
34         (3) (Blank).

 

 

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1         (4) The person has a mental disorder.
2         (5) The person is dangerous to others because the
3     person's mental disorder creates a substantial probability
4     that he or she will engage in acts of sexual violence.
5     (b-5) The petition must be filed no :(1) No more than 90
6 days before discharge or entry into mandatory supervised
7 release from a Department of Corrections correctional facility
8 for a sentence that was imposed upon a conviction for a
9 sexually violent offense. , or for a sentence that is being
10 served concurrently or consecutively with a sexually violent
11 offense, and no more than 30 days after the person's entry into
12 parole or mandatory supervised release; or
13         (2) No more than 90 days before discharge or release:
14             (A) from a Department of Juvenile Justice juvenile
15         correctional facility if the person was placed in the
16         facility for being adjudicated delinquent under
17         Section 5-20 of the Juvenile Court Act of 1987 or found
18         guilty under Section 5-620 of that Act on the basis of
19         a sexually violent offense; or
20             (B) from a commitment order that was entered as a
21         result of a sexually violent offense.
22     (b-6) A person convicted of a sexually violent offense
23 remains eligible for commitment as a sexually violent person
24 pursuant to this Act under the following circumstances: (1) the
25 person is in custody for a sentence that is being served
26 concurrently or consecutively with a sexually violent offense;
27 (2) the person returns to the custody of the Illinois
28 Department of Corrections for any reason during the term of
29 parole or mandatory supervised release being served for a
30 sexually violent offense; or (3) the person is convicted or
31 adjudicated delinquent for any offense committed during the
32 term of parole or mandatory supervised release being served for
33 a sexually violent offense, regardless of whether that
34 conviction or adjudication was for a sexually violent offense.

 

 

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1     (c) A petition filed under this Section shall state with
2 particularity essential facts to establish probable cause to
3 believe the person is a sexually violent person. If the
4 petition alleges that a sexually violent offense or act that is
5 a basis for the allegation under paragraph (b)(1) of this
6 Section was an act that was sexually motivated as provided
7 under paragraph (e)(2) of Section 5 of this Act, the petition
8 shall state the grounds on which the offense or act is alleged
9 to be sexually motivated.
10     (d) A petition under this Section shall be filed in either
11 of the following:
12         (1) The circuit court for the county in which the
13     person was convicted of a sexually violent offense,
14     adjudicated delinquent for a sexually violent offense or
15     found not guilty of a sexually violent offense by reason of
16     insanity, mental disease or mental defect.
17         (2) The circuit court for the county in which the
18     person is in custody under a sentence, a placement to a
19     Department of Corrections correctional facility or a
20     Department of Juvenile Justice juvenile correctional
21     facility, or a commitment order.
22     (e) The filing of a petition under this Act shall toll the
23 running of the term of parole or mandatory supervised release
24 until:
25         (1) dismissal of the petition filed under this Act;
26         (2) a finding by a judge or jury that the respondent is
27     not a sexually violent person; or
28         (3) the sexually violent person is conditionally
29     released or discharged under Section 60 or 65 of this Act.
30 (Source: P.A. 94-696, eff. 6-1-06.)".