TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299 SEXUALLY VIOLENT PERSONS
SECTION 299.500 NOTIFICATION OF VICTIMS


 

Section 299.500  Notification of Victims

 

a)         If the court places a committed person on conditional release under Section 40 or 60 of the Act, or discharges a person under Section 65 of the Act, upon any other court-ordered change in custody status, upon the escape of a resident, upon an inability to locate a person on a plan of conditional release, or upon the death of any detained or committed person, the Department shall notify all of the following who have requested notification under the Act or under the Rights of Crime Victims and Witnesses Act:

 

1)         The victim of the act of sexual violence.

 

2)         An adult member of the victim's family, if the victim died as a result of the act of sexual violence.

 

3)         The victim's parent or legal guardian, if the victim is younger than 18 years.

 

4)         The Department of Corrections (DOC) or the Department of Juvenile Justice (DJJ) as appropriate.

 

b)         The notice to the DOC/DJJ and the persons to be notified shall state the name of the detained or committed person and the date the person was placed on conditional release or discharged, was the subject of a court-ordered change in custody status, died, escaped, or could not be located while on a court-ordered plan of conditional release.  The Department shall send the notice, postmarked within one business day after the conditional release, discharge, court-ordered change in custody status, escape, death or inability to locate a person on conditional release, to DOC/DJJ and the last-known address of the persons to be notified under subsection (a).

 

c)         When possible, the Department shall dispatch the notice within one business day after issuance of the court order requiring the preparation of the conditional release plan and a second notice within one business day after the date the court approves the plan of conditional release.  When circumstances do not permit advance notice, notice shall be provided as soon as practicable after any conditional release, discharge, court-ordered change in custody status, death, escape, or inability to locate a person on a court-ordered plan of conditional release.

 

d)         The Department shall design and prepare cards for persons specified in subsection (a) to send to the Department.  The cards shall have space for persons requesting notification to provide their names and addresses, the name of the person committed under the 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 subsection (a).  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 part of the resident's file nor subject to inspection or copying under Section 3 of the Freedom of Information Act.

 

e)         The Department may request victim impact statements for use in conducting evaluations and providing sex offender specific treatment and/or ancillary services, as well as in preparing the ITP.

 

f)         The Department may utilize the Statewide Victim and Witness Notification System described in the Rights of Crime Victims and Witnesses Act.  That utilization shall, in all respects, constitute compliance with this Part.

 

(Source:  Amended at 44 Ill. Reg. 8246, effective April 28, 2020)