Public Act 90-0040 of the 90th General Assembly
Public Act 90-0040
SB6 Enrolled LRB9000977RCsb
AN ACT in relation to sexually violent persons.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Sexually Violent Persons Commitment Act.
Section 5. Definitions. As used in this Act, the term:
(a) "Department" means the Department of Human Services.
(b) "Mental disorder" means a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes a person to engage in acts of sexual violence.
(c) "Secretary" means the Secretary of Human Services.
(d) "Sexually motivated" means that one of the purposes
for an act is for the actor's sexual arousal or
gratification.
(e) "Sexually violent offense" means any of the
following:
(1) Any crime specified in Section 12-13, 12-14,
12-14.1, or 12-16 of the Criminal Code of 1961; or
(2) First degree murder, if it is determined by the
agency with jurisdiction to have been sexually motivated;
or
(3) Any solicitation, conspiracy or attempt to
commit a crime under paragraph (e)(1) or (e)(2) of this
Section.
(f) "Sexually violent person" means a person who has
been convicted of a sexually violent offense, has been
adjudicated delinquent for a sexually violent offense, or has
been found not guilty of or not responsible for a sexually
violent offense by reason of insanity, mental disease or
mental defect, and who is dangerous because he or she suffers
from a mental disorder that makes it substantially probable
that the person will engage in acts of sexual violence.
Section 10. Notice to the Attorney General and State's
Attorney.
(a) In this Act, "agency with jurisdiction" means the
agency with the authority or duty to release or discharge the
person.
(b) If an agency with jurisdiction has control or
custody over a person who may meet the criteria for
commitment as a sexually violent person, the agency with
jurisdiction shall inform the Attorney General and the
State's Attorney in a position to file a petition under
paragraph (a)(2) of Section 15 of this Act regarding the
person as soon as possible beginning 3 months prior to the
applicable date of the following:
(1) The anticipated release from imprisonment or
the anticipated entry into mandatory supervised release
of a person who has been convicted of a sexually violent
offense.
(2) The anticipated release from a Department of
Corrections correctional facility or juvenile
correctional facility of a person adjudicated delinquent
under Section 5-20 of the Juvenile Court Act of 1987 on
the basis of a sexually violent offense.
(3) The discharge or conditional release of a
person who has been found not guilty of a sexually
violent offense by reason of insanity, mental disease or
mental defect under Section 5-2-4 of the Unified Code of
Corrections.
(c) The agency with jurisdiction shall provide the
Attorney General and the State's Attorney with all of the
following:
(1) The person's name, identifying factors,
anticipated future residence and offense history;
(2) A comprehensive evaluation of the person's
mental condition, the basis upon which a determination
has been made that the person is subject to commitment
under subsection (b) of Section 15 of this Act and a
recommendation for action in furtherance of the purposes
of this Act; and
(3) If applicable, documentation of any treatment
and the person's adjustment to any institutional
placement.
(d) Any agency or officer, employee or agent of an
agency is immune from criminal or civil liability for any
acts or omissions as the result of a good faith effort to
comply with this Section.
Section 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually
violent person may be filed by one of the following:
(1) The Attorney General, at the request of the
agency with jurisdiction over the person, as defined in
subsection (a) of Section 10 of this Act, or on his or
her own motion. If the Attorney General, after
consulting with and advising the State's Attorney of the
county referenced in paragraph (a)(2) of this Section,
decides to file a petition under this Section, he or she
shall file the petition before the date of the release or
discharge of the person.
(2) If the Attorney General does not file a
petition under this Section, the State's Attorney of the
county in which the person was convicted of a sexually
violent offense, adjudicated delinquent for a sexually
violent offense or found not guilty of or not responsible
for a sexually violent offense by reason of insanity,
mental disease, or mental defect may file a petition.
(b) A petition filed under this Section shall allege
that all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following
criteria:
(A) The person has been convicted of a
sexually violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity,
mental disease, or mental defect.
(2) The person is within 90 days of discharge or
entry into mandatory supervised release from a Department
of Corrections correctional facility for a sentence that
was imposed upon a conviction for a sexually violent
offense; or
(3) The person is within 90 days of discharge or
release from a Department of Corrections juvenile
correctional facility, if the person was placed in the
facility for being adjudicated delinquent under Section
5-20 of the Juvenile Court Act of 1987 on the basis of a
sexually violent offense or from a commitment order that
was entered as a result of a sexually violent offense.
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
person's mental disorder creates a substantial
probability that he or she will engage in acts of sexual
violence.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that
is a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is
alleged to be sexually motivated.
(d) A petition under this Section shall be filed in
either of the following:
(1) The circuit court for the county in which the
person was convicted of a sexually violent offense,
adjudicated delinquent for a sexually violent offense or
found not guilty of a sexually violent offense by reason
of insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or
juvenile correctional facility, or a commitment order.
Section 20. Civil nature of proceedings. The proceedings
under this Act shall be civil in nature. The provisions of
the Civil Practice Law, and all existing and future
amendments of that Law shall apply to all proceedings
hereunder except as otherwise provided in this Act.
Section 25. Rights of persons subject to petition.
(a) Any person who is the subject of a petition filed
under Section 15 of this Act shall be served with a copy of
the petition in accordance with the Civil Practice Law.
(b) The circuit court in which a petition under Section
15 of this Act is filed shall conduct all hearings under this
Act. The court shall give the person who is the subject of
the petition reasonable notice of the time and place of each
such hearing. The court may designate additional persons to
receive these notices.
(c) Except as provided in paragraph (b)(1) of Section 65
and Section 70 of this Act, at any hearing conducted under
this Act, the person who is the subject of the petition has
the right to:
(1) To be present and to be represented by counsel.
If the person is indigent, the court shall appoint
counsel.
(2) Remain silent.
(3) Present and cross-examine witnesses.
(4) Have the hearing recorded by a court reporter.
(d) The person who is the subject of the petition, the
person's attorney, the Attorney General or the State's
Attorney may request that a trial under Section 35 of this
Act be to a jury. A verdict of a jury under this Act is not
valid unless it is unanimous.
(e) Whenever the person who is the subject of the
petition is required to submit to an examination under this
Act, he or she may retain experts or professional persons to
perform an examination. If the person retains a qualified
expert or professional person of his or her own choice to
conduct an examination, the examiner shall have reasonable
access to the person for the purpose of the examination, as
well as to the person's past and present treatment records
and patient health care records. If the person is indigent,
the court shall, upon the person's request, appoint a
qualified and available expert or professional person to
perform an examination. Upon the order of the circuit court,
the county shall pay, as part of the costs of the action, the
costs of a court-appointed expert or professional person to
perform an examination and participate in the trial on behalf
of an indigent person.
Section 30. Detention; probable cause hearing; transfer
for examination.
(a) Upon the filing of a petition under Section 15 of
this Act, the court shall review the petition to determine
whether to issue an order for detention of the person who is
the subject of the petition. The person shall be detained
only if there is cause to believe that the person is eligible
for commitment under subsection (f) of Section 35 of this
Act. A person detained under this Section shall be held in a
facility approved by the Department. If the person is
serving a sentence of imprisonment, is in a Department of
Corrections correctional facility or juvenile correctional
facility or is committed to institutional care, and the court
orders detention under this Section, the court shall order
that the person be transferred to a detention facility
approved by the Department. A detention order under this
Section remains in effect until the person is discharged
after a trial under Section 35 of this Act or until the
effective date of a commitment order under Section 40 of this
Act, whichever is applicable.
(b) Whenever a petition is filed under Section 15 of
this Act, the court shall hold a hearing to determine whether
there is probable cause to believe that the person named in
the petition is a sexually violent person. If the person
named in the petition is in custody, the court shall hold the
probable cause hearing within 72 hours after the petition is
filed, excluding Saturdays, Sundays and legal holidays. If
the person named in the petition is not in custody, the court
shall hold the probable cause hearing within a reasonable
time after the filing of the petition.
(c) If the court determines after a hearing that there
is probable cause to believe that the person named in the
petition is a sexually violent person, the court shall order
that the person be taken into custody if he or she is not in
custody and shall order the person to be transferred within a
reasonable time to an appropriate facility for an evaluation
as to whether the person is a sexually violent person. If
the court determines that probable cause does not exist to
believe that the person is a sexually violent person, the
court shall dismiss the petition.
(d) The Department shall promulgate rules that provide
the qualifications for persons conducting evaluations under
subsection (c) of this Section.
(e) If the person named in the petition claims or
appears to be indigent, the court shall, prior to the
probable cause hearing under subsection (b) of this Section,
appoint counsel.
Section 35. Trial.
(a) A trial to determine whether the person who is the
subject of a petition under Section 15 of this Act is a
sexually violent person shall commence no later than 45 days
after the date of the probable cause hearing under Section 30
of this Act. The court may grant a continuance of the trial
date for good cause upon its own motion, the motion of any
party or the stipulation of the parties, provided that any
continuance granted shall be subject to Section 103-5 of the
Code of Criminal Procedure of 1963.
(b) At the trial to determine whether the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, all rules of evidence in criminal
actions apply. All constitutional rights available to a
defendant in a criminal proceeding are available to the
person.
(c) The person who is the subject of the petition, the
person's attorney, the Attorney General or the State's
Attorney may request that a trial under this Section be by a
jury. A request for a jury trial under this subsection shall
be made within 10 days after the probable cause hearing under
Section 30 of this Act. If no request is made, the trial
shall be by the court. The person, the person's attorney or
the Attorney General or State's Attorney, whichever is
applicable, may withdraw his or her request for a jury trial.
(d) (1) At a trial on a petition under this Act, the
petitioner has the burden of proving the allegations in
the petition beyond a reasonable doubt.
(2) If the State alleges that the sexually violent
offense or act that forms the basis for the petition was
an act that was sexually motivated as provided in
paragraph (e)(2) of Section 5 of this Act, the State is
required to prove beyond a reasonable doubt that the
alleged sexually violent act was sexually motivated.
(e) Evidence that the person who is the subject of a
petition under Section 15 of this Act was convicted for or
committed sexually violent offenses before committing the
offense or act on which the petition is based is not
sufficient to establish beyond a reasonable doubt that the
person has a mental disorder.
(f) If the court or jury determines that the person who
is the subject of a petition under Section 15 is a sexually
violent person, the court shall enter a judgment on that
finding and shall commit the person as provided under Section
40 of this Act. If the court or jury is not satisfied beyond
a reasonable doubt that the person is a sexually violent
person, the court shall dismiss the petition and direct that
the person be released unless he or she is under some other
lawful restriction.
(g) A judgment entered under subsection (f) of this
Section on the finding that the person who is the subject of
a petition under Section 15 is a sexually violent person is
interlocutory to a commitment order under Section 40 and is
reviewable on appeal.
Section 40. Commitment.
(a) If a court or jury determines that the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person to
be committed to the custody of the Department for control,
care and treatment until such time as the person is no longer
a sexually violent person.
(b) (1) The court shall enter an initial commitment
order under this Section pursuant to a hearing held as
soon as practicable after the judgment is entered that
the person who is the subject of a petition under Section
15 is a sexually violent person. If the court lacks
sufficient information to make the determination required
by paragraph (b)(2) of this Section immediately after
trial, it may adjourn the hearing and order the
Department to conduct a predisposition investigation or a
supplementary mental examination, or both, to assist the
court in framing the commitment order. A supplementary
mental examination under this Section shall be conducted
in accordance with Section 3-804 of the Mental Health and
Developmental Disabilities Code.
(2) An order for commitment under this Section
shall specify either institutional care in a secure
facility, as provided under Section 50 of this Act, or
conditional release. In determining whether commitment
shall be for institutional care in a secure facility or
for conditional release, the court may consider the
nature and circumstances of the behavior that was the
basis of the allegation in the petition under paragraph
(b)(1) of Section 15, the person's mental history and
present mental condition, where the person will live, how
the person will support himself or herself, and what
arrangements are available to ensure that the person has
access to and will participate in necessary treatment.
The Department shall arrange for control, care and
treatment of the person in the least restrictive manner
consistent with the requirements of the person and in
accordance with the court's commitment order.
(3) If the court finds that the person is
appropriate for conditional release, the court shall
notify the Department. The Department shall prepare a
plan that identifies the treatment and services, if any,
that the person will receive in the community. The plan
shall address the person's need, if any, for supervision,
counseling, medication, community support services,
residential services, vocational services, and alcohol or
other drug abuse treatment. The Department may contract
with a county health department, with another public
agency or with a private agency to provide the treatment
and services identified in the plan. The plan shall
specify who will be responsible for providing the
treatment and services identified in the plan. The plan
shall be presented to the court for its approval within
21 days after the court finding that the person is
appropriate for conditional release, unless the
Department and the person to be released request
additional time to develop the plan.
(4) An order for conditional release places the
person in the custody and control of the Department. A
person on conditional release is subject to the
conditions set by the court and to the rules of the
Department. Before a person is placed on conditional
release by the court under this Section, the court shall
so notify the municipal police department and county
sheriff for the municipality and county in which the
person will be residing. The notification requirement
under this Section does not apply if a municipal police
department or county sheriff submits to the court a
written statement waiving the right to be notified. If
the Department alleges that a released person has
violated any condition or rule, or that the safety of
others requires that conditional release be revoked, he
or she may be taken into custody under the rules of the
Department. The Department shall submit a statement
showing probable cause of the detention and a petition to
revoke the order for conditional release to the
committing court within 48 hours after the detention.
The court shall hear the petition within 30 days, unless
the hearing or time deadline is waived by the detained
person. Pending the revocation hearing, the Department
may detain the person in a jail, in a hospital or
treatment facility. The State has the burden of proving
by clear and convincing evidence that any rule or
condition of release has been violated, or that the
safety of others requires that the conditional release be
revoked. If the court determines after hearing that any
rule or condition of release has been violated, or that
the safety of others requires that conditional release be
revoked, it may revoke the order for conditional release
and order that the released person be placed in an
appropriate institution until the person is discharged
from the commitment under Section 65 of this Act or until
again placed on conditional release under Section 60 of
this Act.
Section 45. Deoxyribonucleic acid analysis requirements.
(a)(1) If a person is found to be a sexually violent
person under this Act, the court shall require the person
to provide a biological specimen for deoxyribonucleic
acid analysis.
(2) The results from deoxyribonucleic acid analysis
of a specimen under paragraph (a)(1) of this Section may
be used only as authorized.
(b) The Attorney General shall promulgate rules
providing for procedures for persons to provide specimens
under paragraph (a)(1) of this Section.
Section 50. Secure facility for sexually violent
persons.
(a) The Department shall place a person committed to a
secure facility under paragraph (b)(2) of Section 40 of this
Act at a facility provided by the Department of Corrections
under subsection (b) of this Section.
(b) The Department may enter into an agreement with the
Department of Corrections for the provision of a secure
facility for persons committed under paragraph (b)(2) of
Section 40 of this Act to a facility. The Department shall
operate the facility provided by the Department of
Corrections under this subsection and shall provide by rule
for the nature of the facility, the level of care to be
provided in the facility, and the custody and discipline of
persons placed in the facility. The facility operated under
this Section shall not be subject to the provisions of the
Mental Health and Developmental Disabilities Code.
Section 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of
this Act and has not been discharged under Section 65 of this
Act, the Department shall conduct an examination of his or
her mental condition within 6 months after an initial
commitment under Section 40 and again thereafter at least
once each 12 months for the purpose of determining whether
the person has made sufficient progress to be entitled to
transfer to a less restrictive facility, to conditional
release or to discharge. At the time of a reexamination
under this Section, the person who has been committed may
retain or, if he or she is indigent and so requests, the
court may appoint a qualified expert or a professional person
to examine him or her.
(b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40.
(c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order.
Section 60. Petition for conditional release.
(a) Any person who is committed for institutional care
in a secure facility or other facility under Section 40 of
this Act may petition the committing court to modify its
order by authorizing conditional release if at least 6 months
have elapsed since the initial commitment order was entered,
the most recent release petition was denied or the most
recent order for conditional release was revoked. The
director of the facility at which the person is placed may
file a petition under this Section on the person's behalf at
any time.
(b) If the person files a timely petition without
counsel, the court shall serve a copy of the petition on the
Attorney General or State's Attorney, whichever is applicable
and, subject to paragraph (c)(1) of Section 25 of this Act,
appoint counsel. If the person petitions through counsel,
his or her attorney shall serve the Attorney General or
State's Attorney, whichever is applicable.
(c) Within 20 days after receipt of the petition, the
court shall appoint one or more examiners having the
specialized knowledge determined by the court to be
appropriate, who shall examine the person and furnish a
written report of the examination to the court within 30 days
after appointment. The examiners shall have reasonable
access to the person for purposes of examination and to the
person's past and present treatment records and patient
health care records. If any such examiner believes that the
person is appropriate for conditional release, the examiner
shall report on the type of treatment and services that the
person may need while in the community on conditional
release.
(d) The court, without a jury, shall hear the petition
within 30 days after the report of the court-appointed
examiner is filed with the court, unless the petitioner
waives this time limit. The court shall grant the petition
unless the State proves by clear and convincing evidence that
the person is still a sexually violent person and that it is
still substantially probable that the person will engage in
acts of sexual violence if the person is not confined in a
secure facility. In making a decision under this subsection,
the court may consider the nature and circumstances of the
behavior that was the basis of the allegation in the petition
under paragraph (b)(1) of Section 15 of this Act, the
person's mental history and present mental condition, where
the person will live, how the person will support himself or
herself and what arrangements are available to ensure that
the person has access to and will participate in necessary
treatment.
(e) If the court finds that the person is appropriate
for conditional release, the court shall notify the
Department. The Department shall prepare a plan that
identifies the treatment and services, if any, that the
person will receive in the community. The plan shall address
the person's need, if any, for supervision, counseling,
medication, community support services, residential services,
vocational services, and alcohol or other drug abuse
treatment. The Department may contract with a county health
department, with another public agency or with a private
agency to provide the treatment and services identified in
the plan. The plan shall specify who will be responsible for
providing the treatment and services identified in the plan.
The plan shall be presented to the court for its approval
within 60 days after the court finding that the person is
appropriate for conditional release, unless the Department
and the person to be released request additional time to
develop the plan.
(f) The provisions of paragraph (b)(4) of Section 40 of
this Act apply to an order for conditional release issued
under this Section.
Section 65. Petition for discharge; procedure.
(a) (1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually
violent person, the Secretary shall authorize the person
to petition the committing court for discharge. The
person shall file the petition with the court and serve a
copy upon the Attorney General or the State's Attorney's
office that filed the petition under subsection (a) of
Section 15 of this Act, whichever is applicable. The
court, upon receipt of the petition for discharge, shall
order a hearing to be held within 45 days after the date
of receipt of the petition.
(2) At a hearing under this subsection, the
Attorney General or State's Attorney, whichever filed the
original petition, shall represent the State and shall
have the right to have the petitioner examined by an
expert or professional person of his or her choice. The
hearing shall be before the court without a jury. The
State has the burden of proving by clear and convincing
evidence that the petitioner is still a sexually violent
person.
(3) If the court is satisfied that the State has
not met its burden of proof under paragraph (a)(2) of
this Section, the petitioner shall be discharged from the
custody or supervision of the Department. If the court
is satisfied that the State has met its burden of proof
under paragraph (a)(2), the court may proceed under
Section 40 of this Act to determine whether to modify the
petitioner's existing commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the
Secretary's approval. At the time of an examination
under subsection (a) of Section 55 of this Act, the
Secretary shall provide the committed person with a
written notice of the person's right to petition the
court for discharge over the Secretary's objection. The
notice shall contain a waiver of rights. The Secretary
shall forward the notice and waiver form to the court
with the report of the Department's examination under
Section 55 of this Act. If the person does not
affirmatively waive the right to petition, the court
shall set a probable cause hearing to determine whether
facts exist that warrant a hearing on whether the person
is still a sexually violent person. The committed person
has a right to have an attorney represent him or her at
the probable cause hearing, but the person is not
entitled to be present at the probable cause hearing.
(2) If the court determines at the probable cause
hearing under paragraph (b)(1) of this Section that
probable cause exists to believe that the committed
person is no longer a sexually violent person, then the
court shall set a hearing on the issue. At a hearing
under this Section, the committed person is entitled to
be present and to the benefit of the protections afforded
to the person under Section 25 of this Act. The Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State at a hearing under
this Section. The hearing under this Section shall be to
the court. The State has the right to have the committed
person evaluated by experts chosen by the State. At the
hearing, the State has the burden of proving by clear and
convincing evidence that the committed person is still a
sexually violent person.
(3) If the court is satisfied that the State has
not met its burden of proof under paragraph (b)(2) of
this Section, the person shall be discharged from the
custody or supervision of the Department. If the court
is satisfied that the State has met its burden of proof
under paragraph (b)(2) of this Section, the court may
proceed under Section 40 of this Act to determine whether
to modify the person's existing commitment order.
Section 70. Additional discharge petitions. In addition
to the procedures under Section 65 of this Act, a committed
person may petition the committing court for discharge at any
time, but if a person has previously filed a petition for
discharge without the Secretary's approval and the court
determined, either upon review of the petition or following a
hearing, that the person's petition was frivolous or that the
person was still a sexually violent person, then the court
shall deny any subsequent petition under this Section without
a hearing unless the petition contains facts upon which a
court could find that the condition of the person had so
changed that a hearing was warranted. If the court finds
that a hearing is warranted, the court shall set a probable
cause hearing in accordance with paragraph (b)(1) of Section
65 of this Act and continue proceedings under paragraph
(b)(2) of Section 65, if appropriate. If the person has not
previously filed a petition for discharge without the
Secretary's approval, the court shall set a probable cause
hearing in accordance with paragraph (b)(1) of Section 65 and
continue proceedings under paragraph (b)(2) of Section 65, if
appropriate.
Section 75. Notice concerning conditional release or
discharge.
(a) As used in this Section, the term:
(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.
(2) "Member of the family" means spouse, child,
sibling, parent, or legal guardian.
(3) "Victim" means a person against whom an act of
sexual violence has been committed.
(b) If the court places a person on conditional release
under Section 40 of this Act or discharges a person under
Section 60 or 65, the Department shall notify all of the
following:
(1) Whichever of the following persons is
appropriate in accordance with the provisions of
subsection (a)(3):
(A) The victim of the act of sexual violence.
(B) An adult member of the victim's family, if
the victim died as a result of the act of sexual
violence.
(C) The victim's parent or legal guardian, if
the victim is younger than 18 years old.
(2) The Department of Corrections.
(c) The notice under subsection (b) of this Section
shall inform the Department of Corrections 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 or discharged. The
Department shall send the notice, postmarked at least 7 days
before the date the person committed under this Act is placed
on conditional release or discharged, to the Department of
Corrections and the last-known address of the person notified
under paragraph (b)(1) of this Section.
(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 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.
Section 80. Applicability. This Act applies to a
sexually violent person regardless of whether the person
engaged in acts of sexual violence before, on, or after the
effective date of this Act.
Section 99. Effective date. This Act takes effect
January 1, 1998.