Bill Text: IL HB3896 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Sexually Violent Persons Commitment Act. Provides that the Department of Human Services shall send the notice, postmarked within one business day of the court order approving the conditional release, discharge, or 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 (rather than 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) to the Department of Corrections or the Department of Juvenile Justice and the last-known address of the victim, an adult member of the victim's family, if the victim died as a result of the act of sexual violence, or the victim's parent or legal guardian, if the victim is younger than 18 years old. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2015-08-06 - Public Act . . . . . . . . . 99-0299 [HB3896 Detail]
Download: Illinois-2015-HB3896-Chaptered.html
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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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