2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 725 ILCS 207/ - Sexually Violent Persons Commitment Act.

(725 ILCS 207/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Sexually Violent Persons Commitment Act.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/5)
Sec. 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 11-1.20, 11-1.30,     11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; or
(1.5) Any former law of this State specified in     Section 11-1 (rape), 11-3 (deviate sexual assault), 11-4 (indecent liberties with a child) or 11-4.1  (aggravated indecent liberties with a child) 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 a sexually violent offense by
reason of insanity 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.
(Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 207/9)
Sec. 9. Sexually violent person review; written notification to State's Attorney. The Illinois Department of Corrections or the Department of Juvenile Justice, not later than 6 months prior to the anticipated release from imprisonment or the anticipated entry into mandatory supervised release of a person who has been convicted or adjudicated delinquent of a sexually violent offense,  shall send written notice to the State's Attorney in the county in which the person was convicted or adjudicated  delinquent of the sexually violent offense informing the State's Attorney of the person's anticipated release date and that the person will be considered for commitment under this Act prior to that release date.
(Source: P.A. 94-992, eff. 1-1-07.)
(725 ILCS 207/10)
Sec. 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 (now repealed) or found guilty under Section 5-620 of that Act, 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 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.  The evaluation shall be conducted in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider 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.
(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098).)
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents; filing.
(a) A petition alleging that a person is a sexually violent
person must be filed before the release or discharge of the person or within 30 days of placement onto parole, aftercare release, or mandatory supervised release for an offense enumerated in paragraph (e) of Section 5 of this Act. A petition may be filed by the following:
(1) The Attorney General on his or her own motion,     after consulting with and advising 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; or
(2) The State's Attorney of the county referenced in     paragraph (1)(a)(1) of this Section, on his or her own motion; or
(3) The Attorney General and the State's Attorney of     the county referenced in paragraph (1)(a)(1) of this Section may jointly file a petition on their own motion; or
(4) A petition may be filed at the request of the     agency with jurisdiction over the person, as defined in subsection (a) of Section 10 of this Act, by:
(a) the Attorney General;
(b) the State's Attorney of the county referenced         in paragraph (1)(a)(1) of this Section; or
(c) the Attorney General and the State's Attorney         jointly.
(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) (Blank).
(3) (Blank).
(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.
(b-5) The petition must be filed no more than 90 days before discharge or entry into mandatory
supervised release from a Department of Corrections or aftercare release from the Department of Juvenile Justice correctional facility for
a sentence that was imposed upon a conviction for a sexually violent offense. For inmates sentenced under the law in effect prior to February 1, 1978, the petition shall be filed no more than 90 days after the Prisoner Review Board's order granting parole pursuant to  Section 3-3-5 of the Unified Code of Corrections.
(b-6) The petition must be filed no more than 90 days before discharge or release:
(1) from a Department of Juvenile Justice 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
(2) from a commitment order that was entered as a     result of a sexually violent offense.
(b-7) A person convicted of a sexually violent offense remains eligible for commitment as a sexually violent person pursuant to this Act under the following circumstances:

(1) the person is in custody for a sentence that is being served concurrently or consecutively with a sexually violent offense;

(2) the person returns to the custody of the Illinois Department of Corrections or the Department of Juvenile Justice for any reason during the term of parole, aftercare release, or mandatory supervised release being served for a sexually violent offense;

or (3) the person is convicted or adjudicated delinquent for any offense committed during the term of parole, aftercare release, or mandatory supervised release being served for a sexually violent offense, regardless of whether that conviction or adjudication was for a sexually violent offense.
(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 a Department of Juvenile Justice juvenile correctional facility, or a commitment order.
(e) The filing of a petition under this Act shall toll the running of the term of parole or mandatory supervised release until:
(1) dismissal of the petition filed under this Act;
(2) a finding by a judge or jury that the respondent     is not a sexually violent person; or
(3) the sexually violent person is discharged under     Section 65 of this Act.
(f)  The State has the right to have the person evaluated by experts chosen by the State.  The agency with jurisdiction as defined in Section 10 of this Act shall allow the expert reasonable access to the person for purposes of examination, to the person's records, and to past and present treatment providers and any other staff members relevant to the examination.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(725 ILCS 207/20)
Sec. 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.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/21)
Sec. 21. Service of petitions. If a person alleged to be a sexually violent person is in the custody of or is being supervised on parole or mandatory supervised release by the Department of Corrections or Department of Juvenile Justice, a petition filed under this Act may be served on the person by personnel of the Department of Corrections or Department of Juvenile Justice.  Service may be proved by affidavit of the person making service.  The affidavit shall be returned to the Attorney General or State's Attorney of the county where the petition is pending for filing with the court.

Service provided for in this Section is in addition to other manners of service provided for in Section 20 of this Act and the Code of Civil Procedure.
(Source: P.A. 97-1075, eff. 8-24-12.)
(725 ILCS 207/25)
Sec. 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:
(1) To be present and to be represented by counsel.      If the person is indigent, the court shall appoint counsel.
(2) To remain silent.
(3) To present and cross-examine witnesses.
(4) To 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. The State has the right to have the person evaluated by an expert chosen by the State. All examiners retained by or appointed for any party

 
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.
(Source: P.A. 96-1128, eff. 1-1-11.)
(725 ILCS 207/30)
Sec. 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.  The Department may elect to place persons who have been ordered by the court to be detained in a State-operated mental health facility or a portion of that facility.  Persons placed in a State-operated mental health facility under this Act shall be separated and shall not comingle with the recipients of the mental health facility.  The portion of a State-operated mental health facility that is used for the persons detained under this Act shall not be a part of the mental health facility for the enforcement and implementation of the Mental Health and Developmental Disabilities Code nor shall their care and treatment be subject to the provisions of the Mental Health and Developmental Disabilities Code. The changes added to this Section by Public Act 98-79 are inoperative on and after June 30, 2015. 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.  The court may grant a continuance of the probable cause
hearing for no more than 7 additional days upon the motion of the respondent,
for good cause.  If the person named in the petition has been released, is
on parole, is on aftercare release, is on mandatory supervised release, or otherwise is not in
custody, the court shall hold the probable cause hearing within a
reasonable time after the filing of the petition.
At the probable cause hearing, the court shall admit and consider all
relevant hearsay evidence.
(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 person who is named in the petition refuses to speak to, communicate
with, or otherwise fails to cooperate with the examining evaluator from the
Department of Human Services or the Department of Corrections, that person may
only introduce evidence and testimony from any expert or professional person
who is retained or court-appointed to conduct an examination of the person
that results from a review of the records and may not introduce evidence
resulting from an examination of the person.

Notwithstanding the provisions of Section 10 of
the
Mental Health and Developmental Disabilities Confidentiality Act, all
evaluations conducted pursuant to this Act and all Illinois Department of
Corrections treatment records shall be admissible at all proceedings held
pursuant to this Act, including the probable cause hearing and the trial.
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.
(Source: P.A. 98-79, eff. 7-15-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
(725 ILCS 207/35)
Sec. 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 120 days after the date of the
probable cause hearing under Section 30 of this Act.
Delay is considered to be agreed to by the person unless he or she
objects to the delay by making a written demand for trial or an oral demand for
trial on the record.  Delay occasioned by the person temporarily suspends
for the time of the delay the period within which a person must be tried.
If the delay occurs within 21 days after the end of the period within which a
person
must be tried, the court may continue the cause on application of the State
for not more than an additional 21 days beyond the period prescribed.
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 on the petition it
shall be competent to introduce evidence of the commission by the respondent of
any number of crimes together with whatever punishments, if any, were imposed.
The petitioner may present expert
testimony from both the Illinois Department of Corrections evaluator and the
Department of Human Services psychologist.
(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.
(Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)
(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 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. If the Department's examining evaluator previously rendered an opinion that the person who is the subject of a petition under Section 15 does not meet the criteria to be found a sexually violent person, then another evaluator shall conduct the predisposition investigation and/or supplementary mental examination.   A supplementary mental examination
under this Section shall be conducted in accordance with Section
3-804 of the Mental Health and Developmental Disabilities Code.
The State has the right to have the person evaluated by experts chosen by the State.
(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 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, 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 licensed under the Sex Offender Evaluation and Treatment Provider Act.
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 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.
(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. Notwithstanding any other provision in the Act, the person being supervised on conditional release shall not reside at the same street address as another sex offender being supervised on conditional release under this Act, mandatory supervised release, parole, aftercare release, probation, or any other manner of supervision.  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.
At any time during which the person is on conditional 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.
(5) An order for conditional release places the 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:
(A) not violate any criminal statute of any     jurisdiction;
(B) report to or appear in person before such person     or agency as directed by the court and the Department;
(C) refrain from possession of a firearm or other     dangerous weapon;
(D) not leave the State without the consent of 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;
(E) at the direction of the Department, notify 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;
(F) attend and fully participate in assessment,     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;
(G) waive confidentiality allowing the court and     Department access to assessment or treatment results or both;
(H) work regularly at a Department approved     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;
(I) not be employed or participate in any volunteer     activity that involves contact with children, except under circumstances approved in advance and in writing by the Department officer;
(J) submit to the search of his or her person,     residence, vehicle, or any personal or real property under his or her control at any time by the Department;
(K) financially support his or her dependents and     provide the Department access to any requested financial information;
(L) serve a term of home confinement, the conditions     of which shall be that the person:
(i) remain within the interior premises of the         place designated for his or her confinement during the hours designated by the Department;
(ii) admit any person or agent designated by 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;
(iii) if deemed necessary by the Department, be         placed on an electronic monitoring device;
(M) comply with the terms and conditions of an 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;
(N) refrain from entering into a designated     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;
(O) refrain from having any contact, including     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;
(P) refrain from having any contact, including     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;
(Q) refrain from all contact, direct or indirect,     personally, by telephone, letter, or through another person, with minor children without prior identification and approval of the Department;
(R) refrain from having in his or her body the     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;
(S) not establish a dating, intimate, or sexual     relationship with a person without prior written notification to the Department;
(T) neither possess or have under his or her 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;
(U) not patronize any business providing sexually     stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers or any other sex-related telephone numbers;
(V) not reside near, visit, or be in or about 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;
(W) not establish any living arrangement or residence     without prior approval of the Department;
(X) not publish any materials or print any     advertisements without providing a copy of the proposed publications to the Department officer and obtaining permission prior to publication;
(Y) not leave the county except with prior permission     of the Department and provide the Department officer or agent with written travel routes to and from work and any other designated destinations;
(Z) not possess or have under his or her control     certain specified items of contraband related to the incidence of sexually offending items including video or still camera items or children's toys;
(AA) provide a written daily log of activities as     directed by the Department;
(BB) comply with all other special conditions that     the Department may impose that restrict the person from high-risk situations and limit access or potential victims.
(6) A person placed on conditional release and who 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.
(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-558, eff. 1-1-14.)
(725 ILCS 207/45)
Sec. 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 in accordance with
Section 5-4-3 of the Unified Code of Corrections.
(2) The results from deoxyribonucleic acid analysis of a
specimen under paragraph (a)(1) of this Section may be used only
as authorized by Section 5-4-3 of the Unified Code of Corrections.
(b) The rules adopted by the Illinois State Police under
Section 5-4-3 of the Unified Code of Corrections are the procedures that must
be followed for persons to provide specimens under paragraph (a)(1) of this
Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 207/50)
Sec. 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.
(c) For the purposes of Section 3-6-4 of
the Unified Code of Corrections, a person held in detention in a secure
facility or committed as a sexually violent person and held in a secure
facility shall be considered a "committed person", as that term is used in
Section 3-6-4 of the Unified Code of Corrections.
(Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98.)
(725 ILCS 207/55)
Sec. 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 submit a written report to the court on his or her mental
condition at least once every 12 months after an initial commitment under Section 40 for
the purpose of determining whether: (1) the person has made sufficient
progress in treatment to be conditionally released and (2) the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person.  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.
The examination shall be conducted in conformance with the standards
developed under the Sex Offender Management Board Act and by an evaluator
licensed under the Sex Offender Evaluation and Treatment Provider Act.
(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.
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.
(d) Petitions for discharge after reexamination must follow the
procedure
outlined in
Section 65 of this Act.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-463, eff. 8-16-13.)
(725 ILCS 207/60)
Sec. 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 12 months have elapsed since the
initial commitment order was entered, an order continuing commitment was entered pursuant to Section 65, 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.
If the evaluator on behalf of the Department recommends that the committed person is appropriate for conditional release, then the director or designee shall, within 30 days of receipt of the evaluator's report, file with the committing court notice of his or her intention whether or not to petition for conditional release on the committed person's behalf.
(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, upon the request of the committed person or on the court's own motion, the court may
 appoint an examiner having the specialized
knowledge determined by the court to be appropriate, who shall
examine the mental condition of 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.  The State
has the right to have the person evaluated by experts chosen by the State.
Any examination or evaluation conducted under this Section shall be in
conformance with the standards developed under the Sex Offender
Management Board Act and conducted by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act.
 The
court shall set a probable cause hearing as soon as practical after the
 examiners' reports are filed. The probable cause hearing shall consist of a review of the examining evaluators' reports and arguments on behalf of the parties.  If the court finds probable cause to believe the person has made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release, the court shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition as soon as practical after the reports of all examiners are filed
with the court.  The
court shall grant the petition unless the State proves by clear
and convincing evidence that the person has not made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release.  In making a decision under
this subsection, the court must 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, and what
arrangements are available to ensure that the person has access to
and will participate in necessary treatment.
(e) Before the court may enter an order directing conditional release to
a less restrictive alternative it must find the following: (1) the person will
be treated by a Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has agreed to assume
responsibility for the treatment and will report progress to the Department on
a regular basis, and will report violations immediately to the Department,
consistent with treatment and supervision needs of the respondent, (3) housing
exists that is sufficiently secure to protect the community, and the person or
agency providing housing to the conditionally released person has agreed in
writing to accept the person, to provide the level of security required by the
court, and
immediately to report to the Department if the person leaves the housing to
which he or she has been assigned without authorization, (4) the person is
willing to or has agreed to comply with the treatment provider, the Department,
and
the court, and (5) the person has agreed or is willing to agree to comply
with the behavioral monitoring requirements imposed by the court and the
Department.
(f) 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.
(g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) of Section 40 of this Act
apply to an
order for conditional release issued under this Section.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-463, eff. 8-16-13.)
(725 ILCS 207/65)
Sec. 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. If the evaluator on behalf of the Department recommends that the committed person is no longer a sexually violent person, then the Secretary or designee shall, within 30 days of receipt of the evaluator's report, file with the committing court notice of his or her determination whether or not to authorize the committed 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 as soon as practical 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.  The State has the right to have the person evaluated by experts chosen by the State.  The examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act and by an
evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act.  The
committed person or the State may elect to have the hearing
before 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 or jury 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 to believe that since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination), the condition of the committed person has so changed that he or she is no longer a sexually violent person.  However, 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 reasonably find that the condition of the person had so changed that a hearing was warranted.
If a
person does not file a petition for discharge, yet fails to waive the right to
petition under
this Section, then the probable cause hearing consists only of a review of
the
reexamination reports and arguments on behalf of the parties.
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.
The
probable cause hearing under this Section must be held as soon as practical after the
filing of the
reexamination report under Section 55 of this Act.
(2) If the court determines at the probable cause hearing
under paragraph (b)(1) of this Section that probable cause exists
to believe that since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination), the condition of the committed person has so changed that he or she 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
committed person or the State may elect to have a hearing under this Section
before a
jury.  A verdict of a jury under this Section is not valid unless it is
unanimous.
The Attorney General or
State's Attorney, whichever filed the original petition, shall
represent the State at a hearing under this Section.   The State has the right
to have the committed person evaluated by experts chosen by the
State.
The examination shall be conducted in conformance with the standards
developed under the Sex Offender Management Board Act and by an evaluator
licensed under the Sex Offender Evaluation and Treatment Provider Act. 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 or jury 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 or jury 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.
(c) This Section applies to petitions pending on the effective date of this amendatory Act of the 97th General Assembly and  to petitions filed on or after that date.  This provision is severable from the other provisions of this Section under Section 1.31 of the Statute on Statutes.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-463, eff. 8-16-13.)
(725 ILCS 207/70)
Sec. 70. (Repealed).
(Source: P.A. 91-227, eff. 1-1-00. Repealed by P.A. 97-1075, eff. 8-24-12.)
(725 ILCS 207/75)
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     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 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 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 or the Department     of Juvenile Justice.
(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 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, 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, 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. 99-299, eff. 8-6-15.)
(725 ILCS 207/80)
Sec. 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.
(Source: P.A. 90-40, eff. 1-1-98.)
(725 ILCS 207/90)
Sec. 90. Committed persons ability to pay for services. 
Each person committed or detained under this Act who receives services
provided directly or funded by the Department and the estate of that person is
liable for the payment of sums representing charges for services to the person
at a rate to be determined by the Department.  Services charges against that
person take effect on the date of admission or the effective date of this
Section.  The Department in its rules may establish a maximum
rate for the cost of services.  In the case of any person who has received
residential services from the Department, whether directly from the Department
or through a public or
private agency or entity funded by the Department, the liability shall be the
same regardless of the source of services.  When the person is placed in a
facility outside the Department, the facility shall collect reimbursement from
the person.  The Department may supplement the contribution of the person to
private facilities after all other sources of income have been utilized;
however the supplement shall not exceed the allowable rate under Title XVIII
or Title XIX of the Federal Social Security Act for those persons eligible for
those respective programs.  The Department may pay the actual costs of services
or maintenance in the facility and may collect reimbursement for the entire
amount paid from the person or an amount not to exceed the maximum.  Lesser or
greater amounts may be accepted by the Department when conditions warrant that
action or when offered by persons not liable under this Act.  Nothing in this
Section shall preclude the Department from applying federal benefits that are
specifically provided for the care and treatment of a person with a disability toward
the cost of care provided by a State facility or private agency.  The
Department
may investigate the financial condition of each
person committed under this Act, may make determinations of the ability of each
such person to pay sums representing services charges, and for those purposes
may set a standard as a basis of judgment of ability to pay.  The Department
shall by rule make provisions for unusual and exceptional circumstances in the
application of that standard.  The Department may issue to any person liable
under this Act a statement of amount due as treatment charges requiring him or
her to
pay monthly, quarterly, or otherwise as may be arranged, an amount not
exceeding that required under this Act, plus fees to which the Department may
be entitled under this Act.
(a) Whenever an individual is covered, in part or in whole, under any type
of insurance arrangement, private or public, for services provided by the
Department, the proceeds from the insurance shall be considered as part of the
individual's ability to pay notwithstanding that the insurance contract was
entered into by a person other than the individual or that the
premiums for the insurance were paid for by a person other than the
individual.  Remittances from intermediary agencies under Title XVIII of the
Federal
Social Security Act for services to committed persons shall be deposited with
the State Treasurer and placed in the Mental Health Fund.  Payments received
from the Department of Healthcare and Family Services

under Title XIX of the Federal Social
Security Act for services to those persons shall be deposited with the State
Treasurer and shall be placed in the General Revenue Fund.
(b) Any person who has been issued a Notice of Determination of sums due as
services charges may petition the Department for a review of that
determination.  The petition must be in writing and filed with the Department
within 90 days from the date of the Notice of Determination.  The Department
shall provide for a hearing to be held on the charges for the period covered by
the petition.  The Department may after the hearing, cancel, modify, or
increase the former determination to an amount not to exceed the maximum
provided for the person by this Act.  The Department at its expense shall take
testimony and preserve a record of all proceedings at the hearing upon any
petition for a release from or modification of the determination.  The
petition and other documents in the nature of pleadings and motions filed in
the case, a transcript of testimony, findings of the Department, and orders of
the Secretary constitute the record.  The Secretary shall furnish a transcript
of the record to any person upon payment of 75¢ per page for each
original transcript and 25¢ per page for each copy of the transcript.  Any
person
aggrieved by the decision of the Department upon a hearing may, within 30
days thereafter, file a petition with the Department for review of the
decision by the Board of Reimbursement Appeals established in the Mental Health
and Developmental Disabilities Code.  The Board of Reimbursement Appeals may
approve action taken by the Department or may remand the case to the Secretary
with recommendation for redetermination of charges.
(c) Upon receiving a petition for review under subsection (b) of this
Section, the Department shall thereupon
notify the Board of Reimbursement Appeals which shall render its decision
thereon within 30 days after the petition is filed and certify such decision to
the Department.  Concurrence of a majority of the Board is necessary in any
such decision.  Upon request of the Department, the State's Attorney of the
county in which a client who is liable under this Act for payment of sums
representing services charges resides, shall institute appropriate legal action
against any such client, or within the time provided by law shall file a
claim against the estate of the client who fails or refuses to pay those
charges.  The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require.  The order
may be entered against any defendant and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside
the Department where the Department has paid those charges.  Orders for the
payment of money may be enforced by attachment as for contempt against the
persons of the defendants and, in addition, as other judgments for the payment
of money, and costs may be adjudged against the defendants and apportioned
among them.
(d) The money collected shall be deposited into the Mental Health Fund.
(Source: P.A. 99-143, eff. 7-27-15.)
(725 ILCS 207/99)
Sec. 99. 
		Effective date. 
		This Act takes effect January 1, 1998.
(Source: P.A. 90-40, eff. 1-1-98.)