Illinois General Assembly - Full Text of HB3896
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Full Text of HB3896  99th General Assembly

HB3896enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3896 EnrolledLRB099 09929 RLC 30145 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexually Violent Persons Commitment Act is
5amended by changing Section 75 as follows:
 
6    (725 ILCS 207/75)
7    Sec. 75. Notice concerning conditional release, discharge,
8escape, death, or court-ordered change in the custody status of
9a detainee or civilly committed sexually violent person.
10    (a) As used in this Section, the term:
11        (1) "Act of sexual violence" means an act or attempted
12    act that is a basis for an allegation made in a petition
13    under paragraph (b)(1) of Section 15 of this Act.
14        (2) "Member of the family" means spouse, child,
15    sibling, parent, or legal guardian.
16        (3) "Victim" means a person against whom an act of
17    sexual violence has been committed.
18    (b) If the court places a civilly committed sexually
19violent person on conditional release under Section 40 or 60 of
20this Act or discharges a person under Section 65, or if a
21detainee or civilly committed sexually violent person escapes,
22dies, or is subject to any court-ordered change in custody
23status of the detainee or sexually violent person, the

 

 

HB3896 Enrolled- 2 -LRB099 09929 RLC 30145 b

1Department shall make a reasonable attempt, if he or she can be
2found, to notify all of the following who have requested
3notification under this Act or under the Rights of Crime
4Victims and Witnesses Act:
5        (1) Whichever of the following persons is appropriate
6    in accordance with the provisions of subsection (a)(3):
7            (A) The victim of the act of sexual violence.
8            (B) An adult member of the victim's family, if the
9        victim died as a result of the act of sexual violence.
10            (C) The victim's parent or legal guardian, if the
11        victim is younger than 18 years old.
12        (2) The Department of Corrections or the Department of
13    Juvenile Justice.
14    (c) The notice under subsection (b) of this Section shall
15inform the Department of Corrections or the Department of
16Juvenile Justice and the person notified under paragraph (b)(1)
17of this Section of the name of the person committed under this
18Act and the date the person is placed on conditional release,
19discharged, or if a detainee or civilly committed sexually
20violent person escapes, dies, or is subject to any
21court-ordered change in the custody status of the detainee or
22sexually violent person. The Department shall send the notice,
23postmarked within one business day of the court order requiring
24the preparation of a conditional release plan under paragraph
25(b)(3) of Section 40 or subsection (f) of Section 60 and
26another notice postmarked within one business day of the court

 

 

HB3896 Enrolled- 3 -LRB099 09929 RLC 30145 b

1order approving the conditional release, discharge, at least 60
2days before the date the person committed under this Act is
3placed on conditional release, discharged, or if a detainee or
4civilly committed sexually violent person escapes, dies, or is
5subject to any court-ordered change in the custody status of
6the detainee or sexually violent person, unless unusual
7circumstances do not permit advance written notification, or
8immediately if a detainee or civilly committed sexually violent
9person escapes or dies, to the Department of Corrections or the
10Department of Juvenile Justice and the last-known address of
11the person notified under paragraph (b)(1) of this Section.
12    (d) The Department shall design and prepare cards for
13persons specified in paragraph (b)(1) of this Section to send
14to the Department. The cards shall have space for these persons
15to provide their names and addresses, the name of the person
16committed under this Act and any other information the
17Department determines is necessary. The Department shall
18provide the cards, without charge, to the Attorney General and
19State's Attorneys. The Attorney General and State's Attorneys
20shall provide the cards, without charge, to persons specified
21in paragraph (b)(1) of this Section. These persons may send
22completed cards to the Department. All records or portions of
23records of the Department that relate to mailing addresses of
24these persons are not subject to inspection or copying under
25Section 3 of the Freedom of Information Act.
26(Source: P.A. 94-696, eff. 6-1-06; 95-896, eff. 1-1-09.)
 

 

 

HB3896 Enrolled- 4 -LRB099 09929 RLC 30145 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.