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Public Act 099-0299
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| HB3896 Enrolled | LRB099 09929 RLC 30145 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,
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represented in the General Assembly:
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Section 5. The Sexually Violent Persons Commitment Act is |
amended by changing Section 75 as follows:
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(725 ILCS 207/75)
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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.
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(a) As used in this Section, the term:
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(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.
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(2) "Member of the family" means spouse, child, |
sibling,
parent, or legal guardian.
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(3) "Victim" means a person against whom an act of |
sexual
violence has been committed.
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(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 |
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Department shall make a reasonable attempt, if he or she can be |
found, to notify all of the following who have requested
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notification under this Act or under the Rights of Crime |
Victims and Witnesses
Act:
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(1) Whichever of the following persons is appropriate |
in
accordance with the provisions of subsection (a)(3):
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(A) The victim of the act of sexual violence.
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(B) An adult member of the victim's family, if the |
victim
died as a result of the act of sexual violence.
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(C) The victim's parent or legal guardian, if the |
victim
is younger than 18 years old.
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(2) The Department of Corrections or the Department of |
Juvenile Justice.
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(c) The notice under subsection (b) of this Section shall
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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 |
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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.
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(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
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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.
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(Source: P.A. 94-696, eff. 6-1-06; 95-896, eff. 1-1-09.)
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