Full Text of SB2873 94th General Assembly
SB2873enr 94TH GENERAL ASSEMBLY
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LRB094 17314 RLC 52609 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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 or the Department of Juvenile Justice, not later | 11 |
| than 6 months prior to the anticipated release from | 12 |
| imprisonment or the anticipated entry into mandatory | 13 |
| supervised release of a person who has been convicted or | 14 |
| adjudicated delinquent of a sexually violent offense, shall | 15 |
| send written notice to the State's Attorney in the county in | 16 |
| which the person was convicted or adjudicated delinquent of the | 17 |
| sexually violent offense informing the State's Attorney of the | 18 |
| person's anticipated release date and that the person will be | 19 |
| considered for commitment under this Act prior to that release | 20 |
| date.
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| (725 ILCS 207/15)
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| Sec. 15. Sexually violent person petition; contents; | 23 |
| filing.
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| (a) A petition alleging that a person is a sexually violent
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| person may be filed by:
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| (1) The Attorney General, at the request of the agency | 27 |
| with
jurisdiction over the person, as defined in subsection | 28 |
| (a) of Section 10 of
this Act, or on his or her own motion. | 29 |
| If the Attorney General, after
consulting with and advising | 30 |
| the State's Attorney of the county
referenced in paragraph | 31 |
| (a)(2) of this Section, decides to file a
petition under |
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LRB094 17314 RLC 52609 b |
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| this Section, he or she shall file the petition before the
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| date of the release or discharge of the person
or within 30 | 3 |
| days of placement onto parole or mandatory supervised | 4 |
| release
for an offense enumerated in paragraph (e) of | 5 |
| Section 5 of this Act.
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| (2) If the Attorney General does not file a petition | 7 |
| under
this Section, the State's Attorney
of the county in | 8 |
| which the
person was convicted of a sexually violent | 9 |
| offense, adjudicated
delinquent for a sexually violent | 10 |
| offense or found not guilty of
or not responsible for a | 11 |
| sexually violent offense by reason of
insanity, mental | 12 |
| disease, or mental defect may file a petition.
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| (3) The Attorney General and the State's Attorney
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| referenced in paragraph (a)(2) of this Section jointly.
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| (b) A petition filed under this Section shall allege that | 16 |
| all of the
following apply to the person alleged to be a | 17 |
| sexually violent person:
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| (1) The person satisfies any of the following criteria:
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| (A) The person has been convicted of a sexually | 20 |
| violent offense;
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| (B) The person has been found delinquent for a | 22 |
| sexually
violent offense; or
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| (C) The person has been found not guilty of a | 24 |
| sexually
violent offense by reason of insanity, mental | 25 |
| disease, or mental
defect.
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| (2) (Blank).
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| (3) (Blank).
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| (4) The person has a mental disorder.
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| (5) The person is dangerous to others because the | 30 |
| person's
mental disorder creates a substantial probability | 31 |
| that he or she
will engage in acts of sexual violence.
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| (b-5) The petition must be filed no
:(1) No more than 90 | 33 |
| days before discharge or entry into mandatory
supervised | 34 |
| release from a Department of Corrections or the Department of | 35 |
| Juvenile Justice correctional facility for
a sentence that was | 36 |
| imposed upon a conviction for a sexually violent offense . For |
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| inmates sentenced under the law in effect prior to February 1, | 2 |
| 1978, the petition shall be filed no more than 90 days after | 3 |
| the Prisoner Review Board's order granting parole pursuant to | 4 |
| Section 3-3-5 of the Unified Code of Corrections.
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or for a | 5 |
| sentence that is being served concurrently or consecutively | 6 |
| with a
sexually violent offense, and no more than 30 days after | 7 |
| the person's entry
into parole or mandatory supervised release; | 8 |
| or
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| (b-6) The petition must be filed no
(2) No more than 90 | 10 |
| days before discharge or release:
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| (1)
(A) from a Department of Juvenile Justice juvenile | 12 |
| correctional facility if
the person was placed in the | 13 |
| facility for being adjudicated delinquent under
Section | 14 |
| 5-20 of the Juvenile Court Act of 1987 or found guilty
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| under Section 5-620 of that Act on the basis of a sexually | 16 |
| violent offense; or
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| (2)
(B) from a commitment order that was entered as a | 18 |
| result of a sexually
violent offense.
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| (b-7) A person convicted of a sexually violent offense | 20 |
| remains eligible for commitment as a sexually violent person | 21 |
| pursuant to this Act under the following circumstances:
(1) the | 22 |
| person is in custody for a sentence that is being served | 23 |
| concurrently or consecutively with a sexually violent offense;
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| (2) the person returns to the custody of the Illinois | 25 |
| Department of Corrections or the Department of Juvenile Justice | 26 |
| for any reason during the term of parole or mandatory | 27 |
| supervised release being served for a sexually violent offense;
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| or (3) the person is convicted or adjudicated delinquent for | 29 |
| any offense committed during the term of parole or mandatory | 30 |
| supervised release being served for a sexually violent offense, | 31 |
| regardless of whether that conviction or adjudication was for a | 32 |
| sexually violent offense.
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| (c) A petition filed under this Section shall state with
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| particularity essential facts to establish probable cause to
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| believe the person is a sexually violent person. If the | 36 |
| petition
alleges that a sexually violent offense or act that is |
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| a basis for
the allegation under paragraph (b)(1) of this | 2 |
| Section was an act
that was sexually motivated as provided | 3 |
| under paragraph (e)(2) of Section
5 of this Act, the petition | 4 |
| shall state the grounds on which the
offense or act is alleged | 5 |
| to be sexually motivated.
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| (d) A petition under this Section shall be filed in either | 7 |
| of
the following:
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| (1) The circuit court for the county in which the | 9 |
| person was
convicted of a sexually violent offense, | 10 |
| adjudicated delinquent
for a sexually violent offense or | 11 |
| found not guilty of a sexually
violent offense by reason of | 12 |
| insanity, mental disease or mental
defect.
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| (2) The circuit court for the county in which the | 14 |
| person is
in custody under a sentence, a placement to a | 15 |
| Department of
Corrections correctional facility or a | 16 |
| Department of Juvenile Justice juvenile correctional
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| facility, or a commitment order. | 18 |
| (e) The filing of a petition under this Act shall toll the | 19 |
| running of the term of parole or mandatory supervised release | 20 |
| until: | 21 |
| (1) dismissal of the petition filed under this Act; | 22 |
| (2) a finding by a judge or jury that the respondent is | 23 |
| not a sexually violent person; or | 24 |
| (3) the sexually violent person is discharged under | 25 |
| Section 65 of this Act, unless the person has successfully | 26 |
| completed a period of conditional release pursuant to | 27 |
| Section 60 of this Act.
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| (Source: P.A. 94-696, eff. 6-1-06.)
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