Sen. Don Harmon
Filed: 2/8/2006
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| 1 | AMENDMENT TO SENATE BILL 2873
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 2873 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 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.
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| 20 | (725 ILCS 207/15)
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| 21 | Sec. 15. Sexually violent person petition; contents; | ||||||
| 22 | filing.
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| 23 | (a) A petition alleging that a person is a sexually violent
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| 1 | person may be filed by:
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| 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
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| 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.
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| 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.
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| 20 | (3) The Attorney General and the State's Attorney
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| 21 | referenced in paragraph (a)(2) of this Section jointly.
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| 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:
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| 25 | (1) The person satisfies any of the following criteria:
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| 26 | (A) The person has been convicted of a sexually | ||||||
| 27 | violent offense;
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| 28 | (B) The person has been found delinquent for a | ||||||
| 29 | sexually
violent offense; or
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| 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.
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| 33 | (2) (Blank).
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| 34 | (3) (Blank).
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| 1 | (4) The person has a mental disorder.
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| 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.
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| 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
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| 13 | (2) No more than 90 days before discharge or release:
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| 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
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| 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
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| 20 | (B) from a commitment order that was entered as a | ||||||
| 21 | result of a sexually
violent offense.
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| 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;
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| 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
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| 2 | particularity essential facts to establish probable cause to
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| 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.
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| 10 | (d) A petition under this Section shall be filed in either | ||||||
| 11 | of
the following:
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| 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.
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| 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
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| 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.
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| 30 | (Source: P.A. 94-696, eff. 6-1-06.)".
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