(725 ILCS 207/15)
(Text of Section before amendment by P.A. 94‑696
)
Sec. 15.
Sexually violent person petition; contents; filing.
(a) A petition alleging that a person is a sexually violent
person may be filed by:
(1) The Attorney General, at the request of the
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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 or within 30 days of placement onto parole or mandatory supervised release for an offense enumerated in paragraph (e) of 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 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.
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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 all of the
following apply to the person alleged to be a sexually violent person:
(1) The person satisfies any of the following
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(A) The person has been convicted of a sexually
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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 disease, or mental defect.
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(2) (Blank).
(3) (Blank).
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
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person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
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(b‑5) The petition must be filed:
(1) No more than 90 days before discharge or entry
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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 for a sentence that is being served concurrently or consecutively with a sexually violent offense, and no more than 30 days after the person's entry into parole or mandatory supervised release; or
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(2) No more than 90 days before discharge or release:
(A) from a Department of Corrections juvenile
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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 or found guilty under Section 5‑620 of that Act on the basis of a sexually violent offense; or
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(B) from a commitment order that was entered as
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a result of a sexually violent offense.
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(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
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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.
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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 Department of Corrections correctional facility or juvenile correctional facility, or a commitment order.
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(Source: P.A. 91‑227, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99; 92‑16, eff.
6‑28‑01.)
(Text of Section after amendment by P.A. 94‑696 )
Sec. 15. Sexually violent person petition; contents; filing.
(a) A petition alleging that a person is a sexually violent
person may be filed by:
(1) The Attorney General, at the request of the
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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 or within 30 days of placement onto parole or mandatory supervised release for an offense enumerated in paragraph (e) of 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 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.
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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 all of the
following apply to the person alleged to be a sexually violent person:
(1) The person satisfies any of the following
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(A) The person has been convicted of a sexually
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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 disease, or mental defect.
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(2) (Blank).
(3) (Blank).
(4) The person has a mental disorder.
(5) The person is dangerous to others because the
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person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
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(b‑5) The petition must be filed:
(1) No more than 90 days before discharge or entry
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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 for a sentence that is being served concurrently or consecutively with a sexually violent offense, and no more than 30 days after the person's entry into parole or mandatory supervised release; or
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(2) No more than 90 days before discharge or release:
(A) from a Department of Juvenile Justice
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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 or found guilty under Section 5‑620 of that Act on the basis of a sexually violent offense; or
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(B) from a commitment order that was entered as
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a result of a sexually violent offense.
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(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
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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.
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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 Department of Corrections correctional facility or a Department of Juvenile Justice juvenile correctional facility, or a commitment order.
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(Source: P.A. 94‑696, eff. 6‑1‑06.)
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(725 ILCS 207/40)
Sec. 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
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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.
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(2) An order for commitment under this Section shall
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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 shall 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. All treatment, whether in institutional care, in a secure facility, or while on conditional release, shall be conducted in conformance with the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider approved by the Board. 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.
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(3) If the court finds that the person is appropriate
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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. The conditional release program operated under this Section is not subject to the provisions of the Mental Health and Developmental Disabilities Confidentiality Act.
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(4) An order for conditional release places the
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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.
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At any time during which the person is on conditional
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release, if the Department determines that the person has violated any condition or rule, or that the safety of others requires that conditional release be revoked, the Department may request the Attorney General or State's Attorney to request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and transport the person to the county jail. The Department may request, or the Attorney General or State's Attorney may request independently of the Department, that a petition to revoke conditional release be filed. When a petition is filed, the court may order the Department to issue a notice to the person to be present at the Department or other agency designated by the court, order a summons to the person to be present, or order a body attachment for all law enforcement officers to take the person into custody and transport him or her to the county jail, hospital, or treatment facility. 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.
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(5) An order for conditional release places the
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person in the custody, care, and control of the Department. The court shall order the person be subject to the following rules of conditional release, in addition to any other conditions ordered, and the person shall be given a certificate setting forth the conditions of conditional release. These conditions shall be that the person:
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(A) not violate any criminal statute of any
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(B) report to or appear in person before such
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person or agency as directed by the court and the Department;
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(C) refrain from possession of a firearm or other
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(D) not leave the State without the consent of
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the court or, in circumstances in which the reason for the absence is of such an emergency nature, that prior consent by the court is not possible without the prior notification and approval of the Department;
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(E) at the direction of the Department, notify
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third parties of the risks that may be occasioned by his or her criminal record or sexual offending history or characteristics, and permit the supervising officer or agent to make the notification requirement;
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(F) attend and fully participate in assessment,
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treatment, and behavior monitoring including, but not limited to, medical, psychological or psychiatric treatment specific to sexual offending, drug addiction, or alcoholism, to the extent appropriate to the person based upon the recommendation and findings made in the Department evaluation or based upon any subsequent recommendations by the Department;
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(G) waive confidentiality allowing the court and
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Department access to assessment or treatment results or both;
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(H) work regularly at a Department approved
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occupation or pursue a course of study or vocational training and notify the Department within 72 hours of any change in employment, study, or training;
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(I) not be employed or participate in any
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volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by the Department officer;
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(J) submit to the search of his or her person,
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residence, vehicle, or any personal or real property under his or her control at any time by the Department;
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(K) financially support his or her dependents and
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provide the Department access to any requested financial information;
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(L) serve a term of home confinement, the
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conditions of which shall be that the person:
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(i) remain within the interior premises of
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the place designated for his or her confinement during the hours designated by the Department;
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(ii) admit any person or agent designated by
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the Department into the offender's place of confinement at any time for purposes of verifying the person's compliance with the condition of his or her confinement;
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(iii) if deemed necessary by the Department,
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be placed on an electronic monitoring device;
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(M) comply with the terms and conditions of an
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order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986. A copy of the order of protection shall be transmitted to the Department by the clerk of the court;
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(N) refrain from entering into a designated
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geographic area except upon terms the Department finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, others accompanying the person, and advance approval by the Department;
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(O) refrain from having any contact, including
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written or oral communications, directly or indirectly, with certain specified persons including, but not limited to, the victim or the victim's family, and report any incidental contact with the victim or the victim's family to the Department within 72 hours; refrain from entering onto the premises of, traveling past, or loitering near the victim's residence, place of employment, or other places frequented by the victim;
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(P) refrain from having any contact, including
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written or oral communications, directly or indirectly, with particular types of persons, including but not limited to members of street gangs, drug users, drug dealers, or prostitutes;
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(Q) refrain from all contact, direct or indirect,
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personally, by telephone, letter, or through another person, with minor children without prior identification and approval of the Department;
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(R) refrain from having in his or her body the
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presence of alcohol or any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her breath, saliva, blood, or urine for tests to determine the presence of alcohol or any illicit drug;
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(S) not establish a dating, intimate, or sexual
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relationship with a person without prior written notification to the Department;
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(T) neither possess or have under his or her
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control any material that is pornographic, sexually oriented, or sexually stimulating, or that depicts or alludes to sexual activity or depicts minors under the age of 18, including but not limited to visual, auditory, telephonic, electronic media, or any matter obtained through access to any computer or material linked to computer access use;
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(U) not patronize any business providing sexually
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stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers or any other sex‑related telephone numbers;
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(V) not reside near, visit, or be in or about
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parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of the Department and report any incidental contact with minor children to the Department within 72 hours;
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(W) not establish any living arrangement or
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residence without prior approval of the Department;
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(X) not publish any materials or print any
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advertisements without providing a copy of the proposed publications to the Department officer and obtaining permission prior to publication;
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(Y) not leave the county except with prior
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permission of the Department and provide the Department officer or agent with written travel routes to and from work and any other designated destinations;
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(Z) not possess or have under his or her control
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certain specified items of contraband related to the incidence of sexually offending items including video or still camera items or children's toys;
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(AA) provide a written daily log of activities as
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directed by the Department;
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(BB) comply with all other special conditions
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that the Department may impose that restrict the person from high‑risk situations and limit access or potential victims.
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(6) A person placed on conditional release and who
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during the term undergoes mandatory drug or alcohol testing or is assigned to be placed on an approved electronic monitoring device may be ordered to pay all costs incidental to the mandatory drug or alcohol testing and all costs incidental to the approved electronic monitoring in accordance with the person's ability to pay those costs. The Department may establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing and all costs incidental to approved electronic monitoring.
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(Source: P.A. 93‑616, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
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(725 ILCS 207/75)
(Text of Section before amendment by P.A. 94‑696
)
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.
(a) As used in this Section, the term:
(1) "Act of sexual violence" means an act or
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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,
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sibling, parent, or legal guardian.
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(3) "Victim" means a person against whom an act of
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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
notification under this Act or under the Rights of Crime Victims and Witnesses
Act:
(1) Whichever of the following persons is
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appropriate in accordance with the provisions of subsection (a)(3):
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(A) The victim of the act of sexual violence.
(B) An adult member of the victim's family, if
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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
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the victim is younger than 18 years old.
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(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, 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 at least 7 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 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.
(Source: P.A. 93‑885, eff. 8‑6‑04.)
(Text of Section after amendment by P.A. 94‑696 )
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.
(a) As used in this Section, the term:
(1) "Act of sexual violence" means an act or
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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,
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sibling, parent, or legal guardian.
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(3) "Victim" means a person against whom an act of
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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
notification under this Act or under the Rights of Crime Victims and Witnesses
Act:
(1) Whichever of the following persons is
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appropriate in accordance with the provisions of subsection (a)(3):
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(A) The victim of the act of sexual violence.
(B) An adult member of the victim's family, if
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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
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the victim is younger than 18 years old.
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(2) The Department of Corrections or the Department
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(c) The notice under subsection (b) of this Section shall
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 at least 7 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 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.
(Source: P.A. 93‑885, eff. 8‑6‑04; 94‑696, eff. 6‑1‑06.)
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