Illinois General Assembly - Full Text of Public Act 099-0299

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Public Act 099-0299

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Public Act 0299 99TH GENERAL ASSEMBLY

Public Act 099-0299

HB3896 Enrolled LRB099 09929 RLC 30145 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 75 as follows:

    (725 ILCS 207/75)
    Sec. 75. Notice concerning conditional release, discharge,
escape, death, or court-ordered change in the custody status of
a detainee or civilly committed sexually violent person.
    (a) As used in this Section, the term:
        (1) "Act of sexual violence" means an act or attempted
    act that is a basis for an allegation made in a petition
    under paragraph (b)(1) of Section 15 of this Act.
        (2) "Member of the family" means spouse, child,
    sibling, parent, or legal guardian.
        (3) "Victim" means a person against whom an act of
    sexual violence has been committed.
    (b) If the court places a civilly committed sexually
violent person on conditional release under Section 40 or 60 of
this Act or discharges a person under Section 65, or if a
detainee or civilly committed sexually violent person escapes,
dies, or is subject to any court-ordered change in custody
status of the detainee or sexually violent person, the
Department shall make a reasonable attempt, if he or she can be
found, to notify all of the following who have requested
notification under this Act or under the Rights of Crime
Victims and Witnesses Act:
        (1) Whichever of the following persons is appropriate
    in accordance with the provisions of subsection (a)(3):
            (A) The victim of the act of sexual violence.
            (B) An adult member of the victim's family, if the
        victim died as a result of the act of sexual violence.
            (C) The victim's parent or legal guardian, if the
        victim is younger than 18 years old.
        (2) The Department of Corrections or the Department of
    Juvenile Justice.
    (c) The notice under subsection (b) of this Section shall
inform the Department of Corrections or the Department of
Juvenile Justice and the person notified under paragraph (b)(1)
of this Section of the name of the person committed under this
Act and the date the person is placed on conditional release,
discharged, or if a detainee or civilly committed sexually
violent person escapes, dies, or is subject to any
court-ordered change in the custody status of the detainee or
sexually violent person. The Department shall send the notice,
postmarked within one business day of the court order requiring
the preparation of a conditional release plan under paragraph
(b)(3) of Section 40 or subsection (f) of Section 60 and
another notice postmarked within one business day of the court
order approving the conditional release, discharge, ~~at least 60~~
~~days before the date the person committed under this Act is~~
~~placed on conditional release, discharged, or if a detainee or~~
~~civilly committed sexually violent person escapes, dies,~~ or ~~is~~
~~subject to~~ any court-ordered change in the custody status of
the detainee or sexually violent person, unless unusual
circumstances do not permit advance written notification, or
immediately if a detainee or civilly committed sexually violent
person escapes or dies, to the Department of Corrections or the
Department of Juvenile Justice and the last-known address of
the person notified under paragraph (b)(1) of this Section.
    (d) The Department shall design and prepare cards for
persons specified in paragraph (b)(1) of this Section to send
to the Department. The cards shall have space for these persons
to provide their names and addresses, the name of the person
committed under this Act and any other information the
Department determines is necessary. The Department shall
provide the cards, without charge, to the Attorney General and
State's Attorneys. The Attorney General and State's Attorneys
shall provide the cards, without charge, to persons specified
in paragraph (b)(1) of this Section. These persons may send
completed cards to the Department. All records or portions of
records of the Department that relate to mailing addresses of
these persons are not subject to inspection or copying under
Section 3 of the Freedom of Information Act.
(Source: P.A. 94-696, eff. 6-1-06; 95-896, eff. 1-1-09.)

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2015

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