725 ILCS 207/1
Short title
Short title. This Act may be cited as the Sexually Violent Persons Commitment Act. (Source: P.A. 90-40, eff. 1-1-98.)
Illinois Compiled Statutes 725 ILCS 207 — Sexually Violent Persons Commitment Act.
Illinois · statute · 725 ILCS 207 · 20 active provisions
Provisions
725 ILCS 207/5
Definitions
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…
725 ILCS 207/9
Sexually violent person review; written notification to State's Attorney
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…
725 ILCS 207/10
Notice to the Attorney General and State's Attorney
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,…
725 ILCS 207/15
Sexually violent person petition; contents; filing
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…
725 ILCS 207/20
Civil nature of proceedings
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
Service of petitions
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 o…
725 ILCS 207/25
Rights of persons subject to petition
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 unde…
725 ILCS 207/30
Detention; probable cause hearing; transfer for examination
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 b…
725 ILCS 207/35
Trial
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 sh…
725 ILCS 207/40
Commitment
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 sexuall…
725 ILCS 207/45
Deoxyribonucleic acid analysis requirements
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 deoxyr…
725 ILCS 207/50
Secure facility for sexually violent persons
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 Depa…
725 ILCS 207/55
Periodic reexamination; report
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 fo…
725 ILCS 207/60
Petition for conditional release
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…
725 ILCS 207/65
Petition for discharge; procedure
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 commi…
725 ILCS 207/75
Notice concerning conditional release, discharge, escape, death, or court-ordered change in the custody status of a detainee or civilly committed sexually violent person
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 petitio…
725 ILCS 207/80
Applicability
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
Committed persons ability to pay for services
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…
725 ILCS 207/99
Effective date
Effective date. This Act takes effect January 1, 1998. (Source: P.A. 90-40, eff. 1-1-98.)