Sen. Don Harmon
Filed: 2/8/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2873




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    AMENDMENT NO. ______. Amend Senate Bill 2873 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Sexually Violent Persons Commitment Act is 
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amended  by changing Section 15 and  by adding Section 9 as 
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follows:
 
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    (725 ILCS 207/9  new)
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    Sec. 9. Sexually violent person review; written 
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notification to State's Attorney. The Illinois Department of 
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Corrections, not later than 6 months prior to the anticipated 
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release from imprisonment or the anticipated entry into 
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mandatory supervised release of a person who has been convicted 
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or adjudicated delinquent of a sexually violent offense,  shall 
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send written notice to the State's Attorney in the county in 
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which the person was convicted or adjudicated  delinquent of the 
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sexually violent offense informing the State's Attorney of the 
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person's anticipated release date and that the person will be 
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considered for commitment under this Act prior to that release 
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date.
 


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    (725 ILCS 207/15)


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    Sec. 15. Sexually violent person petition; contents; 
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filing. 

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    (a) A petition alleging that a person is a sexually violent

 


 






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person may be filed by:


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        (1) The Attorney General, at the request of the agency 
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    with
jurisdiction over the person, as defined in subsection 
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    (a) of Section 10 of
this Act, or on his or her own motion.  
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    If the Attorney General, after
consulting with and advising 
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    the State's Attorney of the county
referenced in paragraph 
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    (a)(2) of this Section, decides to file a
petition under 
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    this Section, he or she shall file the petition before the

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    date of the release or discharge of the person
or within 30 
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    days of placement onto parole or mandatory supervised 
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    release
for an offense enumerated in paragraph (e) of 
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    Section 5 of this Act.


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        (2) If the Attorney General does not file a petition 
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    under
this Section, the State's Attorney
of the county in 
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    which the
person was convicted of a sexually violent 
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    offense, adjudicated
delinquent for a sexually violent 
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    offense or found not guilty of
or not responsible for a 
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    sexually violent offense by reason of
insanity, mental 
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    disease, or mental defect may file a petition.


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        (3) The Attorney General and the State's Attorney

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    referenced in paragraph (a)(2) of this Section jointly.

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    (b) A petition filed under this Section shall allege that 
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all of the
following apply to the person alleged to be a 
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sexually violent person:


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        (1) The person satisfies any of the following criteria:


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            (A) The person has been convicted of a sexually 
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        violent offense;


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            (B) The person has been found delinquent for a 
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        sexually
violent offense; or


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            (C) The person has been found not guilty of a 
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        sexually
violent offense by reason of insanity, mental 
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        disease, or mental
defect.


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        (2) (Blank).


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        (3) (Blank).


 


 






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        (4) The person has a mental disorder.


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        (5) The person is dangerous to others because the 
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    person's
mental disorder creates a substantial probability 
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    that he or she
will engage in acts of sexual violence.

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    (b-5) The petition must be filed no
:(1) No more than 90 
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days before discharge or entry into mandatory
supervised 
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release from a Department of Corrections correctional facility 
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for
a sentence that was imposed upon a conviction for a 
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sexually violent offense.
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or for a sentence that is being 
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served concurrently or consecutively with a
sexually violent 
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offense, and no more than 30 days after the person's entry
into 
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parole or mandatory supervised release; or


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        (2) No more than 90 days before discharge or release:


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            (A) from a Department of Juvenile Justice juvenile 
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        correctional facility if
the person was placed in the 
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        facility for being adjudicated delinquent under

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        Section 5-20 of the Juvenile Court Act of 1987 or found 
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        guilty
under Section 5-620 of that Act on the basis of 
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        a sexually violent offense; or


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            (B) from a commitment order that was entered as a 
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        result of a sexually
violent offense.

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    (b-6) A person convicted of a sexually violent offense 
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remains eligible for commitment as a sexually violent person 
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pursuant to this Act under the following circumstances:

(1) the 
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person is in custody for a sentence that is being served 
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concurrently or consecutively with a sexually violent offense;


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(2) the person returns to the custody of the Illinois 
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Department of Corrections for any reason during the term of 
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parole or mandatory supervised release being served for a 
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sexually violent offense;

or (3) the person is convicted or 
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adjudicated delinquent for any offense committed during the 
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term of parole or mandatory supervised release being served for 
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a sexually violent offense, regardless of whether that 
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conviction or adjudication was for a sexually violent offense.

 


 






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    (c) A petition filed under this Section shall state with

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particularity essential facts to establish probable cause to

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believe the person is a sexually violent person.  If the 
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petition
alleges that a sexually violent offense or act that is 
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a basis for
the allegation under paragraph (b)(1) of this 
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Section was an act
that was sexually motivated as provided 
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under paragraph (e)(2) of Section
5 of this Act, the petition 
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shall state the grounds on which the
offense or act is alleged 
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to be sexually motivated.

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    (d) A petition under this Section shall be filed in either 
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of
the following:


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        (1) The circuit court for the county in which the 
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    person was
convicted of a sexually violent offense, 
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    adjudicated delinquent
for a sexually violent offense or 
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    found not guilty of a sexually
violent offense by reason of 
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    insanity, mental disease or mental
defect.


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        (2) The circuit court for the county in which the 
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    person is
in custody under a sentence, a placement to a 
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    Department of
Corrections correctional facility or a 
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    Department of Juvenile Justice juvenile correctional

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    facility, or a commitment order.
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    (e) The filing of a petition under this Act shall toll the 
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running of the term of parole or mandatory supervised release 
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until:
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        (1) dismissal of the petition filed under this Act;
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        (2) a finding by a judge or jury that the respondent is 
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    not a sexually violent person; or
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        (3) the sexually violent person is conditionally 
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    released or discharged under Section 60 or 65 of this Act.


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(Source: P.A. 94-696, eff. 6-1-06.)".