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Illinois Statutes Chapter 725. Criminal Procedure § 207/10. Notice to the Attorney General and State's Attorney

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 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correctional facility of a person adjudicated delinquent under Section 5-20 of the Juvenile Court Act of 1987  1 (now repealed) or found guilty under Section 5-620 of that Act, on the basis of a sexually violent offense.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. 2

(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.

1 705 ILCS 405/5-20 (repealed; see, now, 705 ILCS 405/5-620).
2 730 ILCS 5/5-2-4.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 725. Criminal Procedure § 207/10. Notice to the Attorney General and State's Attorney - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-725-criminal-procedure/il-st-sect-725-207-10/

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