Public Act 094-0992
 
SB2873 Enrolled LRB094 17314 RLC 52609 b

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