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Public Act 099-0299 | ||||
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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 |
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 |
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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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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