[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
91_SB1620ham003
LRB9111836RCgcam01
1 AMENDMENT TO SENATE BILL 1620
2 AMENDMENT NO. . Amend Senate Bill 1620 by replacing
3 the title with the following:
4 "AN ACT in relation to sex offenders."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sexually Violent Persons Commitment Act
8 is amended by adding Section 40.5 as follows:
9 (725 ILCS 207/40.5 new)
10 Sec. 40.5. Notification of transfer of sexually violent
11 persons housed in Department facilities.
12 (a) If the Department transfers sexually violent persons
13 housed in any of its facilities to any other of its
14 facilities that has not previously housed sexually violent
15 persons, the Department shall give written notice to the
16 corporate authorities of the municipality where the facility
17 in which the sexually violent persons are to be transferred
18 is located or to the county board, if the facility is located
19 in an unincorporated area, and to the State Senator and
20 Representative of the Districts in which the facility where
21 the sexually violent persons is located of that change.
-2- LRB9111836RCgcam01
1 Notice to the corporate authorities or to the county board is
2 satisfied by a notice sent to the municipal or county clerk
3 and notice to the Representative and Senator may be satisfied
4 by sending the notice to the Clerk of the House of
5 Representatives and Secretary of the Senate. The notices
6 required by this subsection (a) shall also be given at least
7 90 days prior to the placement of additional structures at an
8 existing secure facility that will increase the number of
9 persons that can be detained at the facility.
10 (b) The Department shall provide a copy of its
11 application to transfer sexually violent persons from one
12 facility to another that has not previously housed sexually
13 violent persons for public review at local libraries and
14 government facilities upon application to the Department and
15 90 days prior to final action by the Department. The public
16 shall have 60 days from that date to provide public comment
17 on the application's meeting the criteria for consideration
18 by the Department. The public shall also be guaranteed the
19 right to a public hearing by an officer of the Department no
20 less than 30 days from the date of final Department action.
21 The hearing shall be convened within the community in which
22 the facility for the transfer of sexually violent persons is
23 to be located or at the nearest public facility. The hearing
24 shall be convened upon written request. Upon receipt of the
25 application, the Department shall be responsible for
26 notifying the following groups within one mile of the
27 facility: local township, municipal, school, and park
28 district officials and shall publish notice in a newspaper of
29 general circulation within the community. The notice shall
30 include a description of the application including:
31 (i) the location of the facility;
32 (ii) the number of sexually violent persons expected
33 to be transferred to the facility;
34 (iii) security measures including security
-3- LRB9111836RCgcam01
1 personnel, security training, security measures in the
2 design of the facility, fences, locked doors, and
3 in-house medical and dental services;
4 (iv) the impact on the surrounding community
5 including impact on traffic and proximity to residential
6 areas, schools, and parks;
7 (v) the impact of the facility on local emergency
8 services; and
9 (vi) the fiscal impact on the surrounding community
10 including lost property taxes, cost of emergency police,
11 fire and medical services and sewer and water services.
12 The provisions of this subsection (b) also apply to the
13 placement of additional structures at an existing secure
14 facility that will increase the number of persons that can be
15 detained at the facility.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".