Full Text of HB3896 99th General Assembly
HB3896eng 99TH GENERAL ASSEMBLY |
| | HB3896 Engrossed | | LRB099 09929 RLC 30145 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sexually Violent Persons Commitment Act is | 5 | | amended by changing Section 75 as follows:
| 6 | | (725 ILCS 207/75)
| 7 | | Sec. 75. Notice concerning conditional release,
discharge, | 8 | | escape, death, or court-ordered change in the custody status of | 9 | | a 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 | 19 | | violent person on conditional release under
Section 40 or 60 of | 20 | | this Act or discharges a person under Section
65, or if a | 21 | | detainee or civilly committed sexually violent person escapes, | 22 | | dies, or is subject to any court-ordered change in custody | 23 | | status of the detainee or sexually violent person, the |
| | | HB3896 Engrossed | - 2 - | LRB099 09929 RLC 30145 b |
|
| 1 | | Department shall make a reasonable attempt, if he or she can be | 2 | | found, to notify all of the following who have requested
| 3 | | notification under this Act or under the Rights of Crime | 4 | | Victims 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
| 15 | | inform the Department of Corrections or the Department of | 16 | | Juvenile Justice and the person notified under
paragraph (b)(1) | 17 | | of this Section of the name of
the person committed under this | 18 | | Act and the date the person is
placed on conditional release, | 19 | | discharged, or if a detainee or civilly committed sexually | 20 | | violent person escapes, dies, or is subject to any | 21 | | court-ordered change in the custody status of the detainee or | 22 | | sexually violent person. The Department shall
send the notice, | 23 | | postmarked within one business day of the court order requiring | 24 | | the preparation of a conditional release plan under paragraph | 25 | | (b)(3) of Section 40 or subsection (f) of Section 60 and | 26 | | another notice postmarked within one business day of the court |
| | | HB3896 Engrossed | - 3 - | LRB099 09929 RLC 30145 b |
|
| 1 | | order approving the conditional release, discharge, at least 60 | 2 | | days before the date the
person committed under this Act is | 3 | | placed on conditional release, discharged, or if a detainee or | 4 | | civilly committed sexually violent person escapes, dies, or is | 5 | | subject to any court-ordered change in the custody status of | 6 | | the detainee or sexually violent person, unless unusual | 7 | | circumstances do not permit advance written notification, or | 8 | | immediately if a detainee or civilly committed sexually violent | 9 | | person escapes or dies, to the Department of Corrections or the | 10 | | Department of Juvenile Justice and the last-known
address of | 11 | | the person notified under paragraph
(b)(1) of this Section.
| 12 | | (d) The Department shall design and prepare cards for | 13 | | persons
specified in paragraph (b)(1) of this Section to send | 14 | | to the
Department. The cards shall have space for these persons | 15 | | to
provide their names and addresses, the name of the person
| 16 | | committed under this Act and any other information the | 17 | | Department
determines is necessary. The Department shall | 18 | | provide the cards,
without charge, to the Attorney General and | 19 | | State's Attorneys.
The Attorney General and State's Attorneys | 20 | | shall provide the
cards, without charge, to persons specified | 21 | | in paragraph (b)(1)
of this Section. These persons may send | 22 | | completed cards to the
Department. All records or portions of | 23 | | records of the Department
that relate to mailing addresses of | 24 | | these persons are not subject
to inspection or copying under | 25 | | Section 3 of the Freedom of
Information Act.
| 26 | | (Source: P.A. 94-696, eff. 6-1-06; 95-896, eff. 1-1-09.)
|
| | | HB3896 Engrossed | - 4 - | LRB099 09929 RLC 30145 b |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
|
|